HB 139

1	A bill to be entitled
2	An act relating to domestic partnerships; amending ss.
3	28.101 and 28.24, F.S.; setting forth fees and costs
4	to be applied when petitioning for a dissolution of a
5	domestic partnership or registering a domestic
6	partnership, respectively; amending s. 97.1031, F.S.;
7	providing notice to the supervisor of elections
8	concerning a change of name due to participation in a
9	domestic partnership; amending s. 382.002, F.S.;
10	defining the term "dissolution of a domestic
11	partnership" for purposes of vital records; including
12	domestic partnerships and dissolution of domestic
13	partnership as vital records in this state; conforming
14	cross-references; amending s. 382.003, F.S.; requiring
15	the Department of Health to examine all certificates
16	of domestic partnership forms and dissolution of
17	domestic partnership reports sent from the courts;
18	amending s. 382.0085, F.S.; conforming a cross-
19	reference; amending s. 382.021, F.S.; requiring the
20	clerk of the circuit court to transmit all original
21	declarations of domestic partnership to the Department
22	of Health by a specified date each month; amending s.
23	382.022, F.S.; requiring the clerk of the circuit
24	court to collect a fee after registering a domestic
25	partnership; amending s. 382.023, F.S.; requiring the
26	clerk of the circuit court to collect a fee upon
27	filing a final judgment for a dissolution of domestic
28	partnership; amending s. 382.025, F.S.; authorizing
29	the Department of Health to issue a certified copy of
30	certain vital records to a domestic partner; amending
31	s. 382.0255, F.S.; providing that the Department of
32	Health is entitled to a specified fee for the issuance
33	of a commemorative certificate of domestic
34	partnership; amending s. 402.302, F.S.; including
35	children related by domestic partnership within the
36	definition of the term "household children" for
37	purposes of ch. 402, F.S.; amending s. 446.50, F.S.;
38	requiring that certain fees relating to declarations
39	of domestic partnership and dissolution of domestic
40	partnership filings be deposited in the Displaced
41	Homemaker Trust Fund; amending s. 709.2109, F.S.;
42	providing that an agent's authority under a power of
43	attorney terminates when an action is filed for the
44	dissolution of the agent's domestic partnership with
45	the principal unless the power of attorney otherwise
46	provides; amending s. 741.28, F.S.; redefining the
47	term "family or household member" in the context of
48	domestic violence to include a domestic partnership;
49	creating s. 741.501, F.S.; providing legislative
50	findings; creating s. 741.502, F.S.; defining terms;
51	creating s. 741.503, F.S.; requiring the Department of
52	Health to create and distribute the Declaration of
53	Domestic Partnership and Certificate of Registered
54	Domestic Partnership forms to each clerk of the
55	circuit court; requiring the department and each clerk
56	of the circuit court to make the Declaration of
57	Domestic Partnership form available to the public;
58	creating s. 741.504, F.S.; providing that the circuit
59	court has jurisdiction over domestic partnership
60	proceedings; requiring the clerk of the circuit court
61	to maintain a domestic partnership registry; providing
62	that the registry is a public record; creating s.
63	741.505, F.S.; requiring two individuals who wish to
64	become partners in a domestic partnership to complete
65	and file a Declaration of Domestic Partnership form
66	with the clerk of the circuit court; specifying the
67	required contents of the completed form; providing
68	that each partner who signs the form consents to the
69	jurisdiction of the circuit court for certain
70	purposes; providing that if a person files an
71	intentionally and materially false form, he or she
72	commits a misdemeanor of the first degree; providing
73	criminal penalties; requiring the clerk of the circuit
74	court to register the Declaration of Domestic
75	Partnership in a domestic partnership registry and
76	issue a Certificate of Registered Domestic
77	Partnership; creating s. 741.506, F.S.; authorizing
78	the domestic partners to retain surnames; creating s.
79	741.507, F.S.; providing that any privilege or
80	responsibility granted or imposed by statute,
81	administrative or court rule, policy, common law, or
82	any other law to an individual because the individual
83	is or was related to another by marriage, or is a
84	child of either of the spouses, is granted on
85	equivalent terms to domestic partners or individuals
86	similarly related to domestic partners; providing that
87	the act does not require or permit the extension of
88	any benefit under a retirement, deferred compensation,
89	or other employee benefit plan, if the plan
90	administrator reasonably concludes that the extension
91	of benefits to partners would conflict with a
92	condition for tax qualification of the plan, or a
93	condition for other favorable tax treatment of the
94	plan, under the Internal Revenue Code; creating s.
95	741.508, F.S.; specifying prohibited or void domestic
96	partnerships; creating s. 741.509, F.S.; requiring
97	that the clerk of the circuit court collect certain
98	fees for receiving a Declaration of Domestic
99	Partnership; authorizing the clerk of the circuit
100	court to accept installment payments from individuals
101	who are unable to pay the fees in a lump sum; creating
102	s. 741.510, F.S.; providing methods to prove the
103	existence of a registered Declaration Domestic
104	Partnership when the certificate document has been
105	lost or is otherwise unavailable; creating s. 741.511,
106	F.S.; providing for termination of a domestic
107	partnership; providing for notice; providing for the
108	effective date of the termination; providing for
109	registration of the termination; requiring records of
110	certain terminations to be maintained; providing for
111	automatic termination of partnership if either party
112	enters into a valid marriage; providing for a
113	reasonable fee for termination; reenacting ss.
114	921.0024(1)(b) and 943.171(2)(b), F.S., relating to
115	the worksheet form for the Criminal Punishment Code
116	and the basic skills training for domestic violence
117	cases, respectively, to incorporate the amendments
118	made to s. 741.28, F.S., in references thereto;
119	providing an effective date.
120
121	Be It Enacted by the Legislature of the State of Florida:
122
123	Section 1.  Section 28.101, Florida Statutes, is amended to
124	read:
125	28.101  Petitions and records of dissolution of marriage
126	and domestic partnership; additional charges.-
127	(1)  When a party petitions for a dissolution of marriage
128	or dissolution of domestic partnership, in addition to the
129	filing charges in s. 28.241, the clerk shall collect and
130	receive:
131	(a)  A charge of $5. On a monthly basis, the clerk shall
132	transfer the moneys collected pursuant to this paragraph to the
133	Department of Revenue for deposit in the Child Welfare Training
134	Trust Fund created in s. 402.40.
135	(b)  A charge of $5. On a monthly basis, the clerk shall
136	transfer the moneys collected pursuant to this paragraph to the
137	Department of Revenue for deposit in the Displaced Homemaker
138	Trust Fund created in s. 446.50. If a petitioner does not have
139	sufficient funds with which to pay this fee and signs an
140	affidavit so stating, all or a portion of the fee shall be
141	waived subject to a subsequent order of the court relative to
142	the payment of the fee.
143	(c)  A charge of $55. On a monthly basis, the clerk shall
144	transfer the moneys collected pursuant to this paragraph to the
145	Department of Revenue for deposit in the Domestic Violence Trust
146	Fund. Such funds which are generated shall be directed to the
147	Department of Children and Family Services for the specific
148	purpose of funding domestic violence centers.
149	(d)  A charge of $32.50. On a monthly basis, the clerk
150	shall transfer the moneys collected pursuant to this paragraph
151	as follows:
152	1.  An amount of $7.50 to the Department of Revenue for
153	deposit in the Displaced Homemaker Trust Fund.
154	2.  An amount of $25 to the Department of Revenue for
155	deposit in the General Revenue Fund.
156	(2)  Upon receipt of a final judgment of dissolution of
157	marriage or dissolution of domestic partnership for filing, and
158	in addition to the filing charges in s. 28.241, the clerk may
159	collect and receive a service charge of up to $10.50 pursuant to
160	s. 382.023 for the recording and reporting the of such final
161	judgment of dissolution of marriage to the Department of Health.
162	Section 2.  Subsection (23) of section 28.24, Florida
163	Statutes, is amended to read:
164	28.24  Service charges by clerk of the circuit court.-The
165	clerk of the circuit court shall charge for services rendered by
166	the clerk's office in recording documents and instruments and in
167	performing the duties enumerated in amounts not to exceed those
168	specified in this section. Notwithstanding any other provision
169	of this section, the clerk of the circuit court shall provide
170	without charge to the state attorney, public defender, guardian
171	ad litem, public guardian, attorney ad litem, criminal conflict
172	and civil regional counsel, and private court-appointed counsel
173	paid by the state, and to the authorized staff acting on behalf
174	of each, access to and a copy of any public record, if the
175	requesting party is entitled by law to view the exempt or
176	confidential record, as maintained by and in the custody of the
177	clerk of the circuit court as provided in general law and the
178	Florida Rules of Judicial Administration. The clerk of the
179	circuit court may provide the requested public record in an
180	electronic format in lieu of a paper format when capable of
181	being accessed by the requesting entity.
182
183	Charges
184
185	(23)  Upon receipt of an application for a marriage license
186	or a declaration of domestic partnership, for preparing and
187	administering of oath; issuing, sealing, and recording of the
188	marriage license or registering the domestic partnership; and
189	providing a certified copy     30.00
190	Section 3.  Subsection (2) of section 97.1031, Florida
191	Statutes, is amended to read:
192	97.1031  Notice of change of residence, change of name, or
193	change of party affiliation.-
194	(2)  When an elector seeks to change party affiliation, the
195	elector shall notify his or her supervisor of elections or other
196	voter registration official by using a signed written notice
197	that contains the elector's date of birth or voter registration
198	number. When an elector changes his or her name by marriage,
199	domestic partnership, or other legal process, the elector shall
200	notify his or her supervisor of elections or other voter
201	registration official by using a signed written notice that
202	contains the elector's date of birth or voter's registration
203	number.
204	Section 4.  Present subsections (5) through (16) of section
205	382.002, Florida Statutes, are renumbered as subsections (6)
206	through (17), respectively, a new subsection (5) is added to
207	that section, and present subsections (7), (8), and (15) of that
208	section are amended, to read:
209	382.002  Definitions.-As used in this chapter, the term:
210	(5)  "Dissolution of domestic partnership" includes an
211	annulment of domestic partnership.
212	(8)(7)  "Final disposition" means the burial, interment,
213	cremation, removal from the state, or other authorized
214	disposition of a dead body or a fetus as described in subsection
215	(7) (6). In the case of cremation, dispersion of ashes or
216	cremation residue is considered to occur after final
217	disposition; the cremation itself is considered final
218	disposition.
219	(9)(8)  "Funeral director" means a licensed funeral
220	director or direct disposer licensed pursuant to chapter 497 or
221	other person who first assumes custody of or effects the final
222	disposition of a dead body or a fetus as described in subsection
223	(7) (6).
224	(16)(15)  "Vital records" or "records" means certificates
225	or reports of birth, death, fetal death, marriage, domestic
226	partnership, dissolution of marriage or domestic partnership,
227	name change filed pursuant to s. 68.07, and data related
228	thereto.
229	Section 5.  Subsection (7) of section 382.003, Florida
230	Statutes, is amended to read:
231	382.003  Powers and duties of the department.-The
232	department shall:
233	(7)  Approve all forms used in registering, recording,
234	certifying, and preserving vital records, or in otherwise
235	carrying out the purposes of this chapter, and no other forms
236	may not shall be used other than those approved by the
237	department. The department is responsible for the careful
238	examination of the certificates received monthly from the local
239	registrars and marriage certificates, certificates of domestic
240	partnership, and dissolution of marriage and domestic
241	partnership reports received from the circuit and county courts.
242	A certificate that is complete and satisfactory shall be
243	accepted and given a state file number and considered a state-
244	filed record. If any such certificates are incomplete or
245	unsatisfactory, the department shall require further information
246	to be supplied as may be necessary to make the record complete
247	and satisfactory. All physicians, midwives, informants, or
248	funeral directors, and all other persons having knowledge of the
249	facts, are required to supply, upon a form approved by the
250	department or upon the original certificate, such information as
251	they may possess regarding any vital record.
252	Section 6.  Subsection (9) of section 382.0085, Florida
253	Statutes, is amended to read:
254	382.0085  Stillbirth registration.-
255	(9)  This section or s. 382.002(15)(14) may not be used to
256	establish, bring, or support a civil cause of action seeking
257	damages against any person or entity for bodily injury, personal
258	injury, or wrongful death for a stillbirth.
259	Section 7.  Section 382.021, Florida Statutes, is amended
260	to read:
261	382.021  Department to receive marriage licenses and
262	declarations of domestic partnership.-On or before the 5th day
263	of each month, the county court judge or clerk of the circuit
264	court shall transmit to the department all original marriage
265	licenses, with endorsements, and all declarations of domestic
266	partnership received during the preceding calendar month, to the
267	department. Any marriage licenses or declarations of domestic
268	partnership issued and not returned, or any marriage licenses
269	returned but not recorded, shall be reported by the issuing
270	county court judge or clerk of the circuit court to the
271	department at the time of transmitting the recorded licenses or
272	declarations on the forms to be prescribed and furnished by the
273	department. If during any month no marriage licenses or
274	declarations of domestic partnership are issued or returned, the
275	county court judge or clerk of the circuit court shall report
276	such fact to the department upon forms prescribed and furnished
277	by the department.
278	Section 8.  Section 382.022, Florida Statutes, is amended
279	to read:
280	382.022  Marriage application; registration of domestic
281	partnership; fees.-Upon the receipt of each application for the
282	issuance of a marriage license or registering a domestic
283	partnership, the county court judge or clerk of the circuit
284	court shall, pursuant to s. 741.02, collect and receive a fee of
285	$4 which shall be remitted to the Department of Revenue for
286	deposit to the Department of Health to defray part of the cost
287	of maintaining marriage and domestic partnership records.
288	Section 9.  Section 382.023, Florida Statutes, is amended
289	to read:
290	382.023  Department to receive dissolution-of-marriage and
291	dissolution-of-domestic-partnership records; fees.-Clerks of the
292	circuit courts shall collect for their services At the time of
293	the filing of a final judgment of dissolution of marriage or
294	dissolution of domestic partnership, the clerk of the circuit
295	court shall collect a fee of up to $10.50, of which 43 percent
296	shall be retained by the clerk of the circuit court as a part of
297	the cost in the cause in which the judgment is granted. The
298	remaining 57 percent shall be remitted to the Department of
299	Revenue for deposit to the Department of Health to defray part
300	of the cost of maintaining the dissolution-of-marriage and
301	dissolution-of-domestic-partnership records. A record of each
302	and every judgment of dissolution of marriage and dissolution of
303	domestic partnership granted by the court during the preceding
304	calendar month, giving names of parties and such other data as
305	required by forms prescribed by the department, shall be
306	transmitted to the department, on or before the 10th day of each
307	month, along with an accounting of the funds remitted to the
308	Department of Revenue pursuant to this section.
309	Section 10.  Paragraph (a) of subsection (1) and paragraphs
310	(a) and (c) of subsection (2) of section 382.025, Florida
311	Statutes, are amended to read:
312	382.025  Certified copies of vital records;
313	confidentiality; research.-
314	(1)  BIRTH RECORDS.-Except for birth records over 100 years
315	old which are not under seal pursuant to court order, all birth
316	records of this state shall be confidential and are exempt from
317	the provisions of s. 119.07(1).
318	(a)  Certified copies of the original birth certificate or
319	a new or amended certificate, or affidavits thereof, are
320	confidential and exempt from the provisions of s. 119.07(1) and,
321	upon receipt of a request and payment of the fee prescribed in
322	s. 382.0255, shall be issued only as authorized by the
323	department and in the form prescribed by the department, and
324	only:
325	1.  To the registrant, if of legal age;
326	2.  To the registrant's parent or guardian or other legal
327	representative;
328	3.  Upon receipt of the registrant's death certificate, to
329	the registrant's spouse or domestic partner or to the
330	registrant's child, grandchild, or sibling, if of legal age, or
331	to the legal representative of any of such persons;
332	4.  To any person if the birth record is over 100 years old
333	and not under seal pursuant to court order;
334	5.  To a law enforcement agency for official purposes;
335	6.  To any agency of the state or the United States for
336	official purposes upon approval of the department; or
337	7.  Upon order of any court of competent jurisdiction.
338	(2)  OTHER RECORDS.-
339	(a)  The department shall authorize the issuance of a
340	certified copy of all or part of any marriage, domestic
341	partnership, dissolution of marriage or domestic partnership, or
342	death or fetal death certificate, excluding that portion which
343	is confidential and exempt from the provisions of s. 119.07(1)
344	as provided under s. 382.008, to any person requesting it upon
345	receipt of a request and payment of the fee prescribed by this
346	section. A certification of the death or fetal death certificate
347	which includes the confidential portions shall be issued only:
348	1.  To the registrant's spouse, domestic partner, or
349	parent, or to the registrant's child, grandchild, or sibling, if
350	of legal age, or to any person who provides a will that has been
351	executed pursuant to s. 732.502, insurance policy, or other
352	document that demonstrates his or her interest in the estate of
353	the registrant, or to any person who provides documentation that
354	he or she is acting on behalf of any of them;
355	2.  To any agency of the state or local government or the
356	United States for official purposes upon approval of the
357	department; or
358	3.  Upon order of any court of competent jurisdiction.
359	(c)  The department shall issue, upon request and upon
360	payment of an additional fee prescribed by this section, a
361	commemorative marriage license or certificate of domestic
362	partnership representing that the marriage or domestic
363	partnership of the persons named thereon is recorded in the
364	office of the registrar. The certificate issued under this
365	paragraph must shall be in a form consistent with the need to
366	protect the integrity of vital records but must shall be
367	suitable for display. It may bear the seal of the state printed
368	thereon and may be signed by the Governor.
369	Section 11.  Paragraph (i) of subsection (1) of section
370	382.0255, Florida Statutes, is amended to read:
371	382.0255  Fees.-
372	(1)  The department is entitled to fees, as follows:
373	(i)  Twenty-five dollars for a commemorative certificate of
374	birth, or marriage, or domestic partnership. Fees collected
375	pursuant to this paragraph in excess of expenses shall be used
376	available for use by the Regional Perinatal Intensive Care
377	Centers (RPICC) Program to prevent child abuse and neglect.
378	Funds derived from the issuance of commemorative marriage
379	certificates shall be used available for use by the Improved
380	Pregnancy Outcome Program.
381	Section 12.  Subsection (9) of section 402.302, Florida
382	Statutes, is amended to read:
383	402.302  Definitions.-As used in this chapter, the term:
384	(9)  "Household children" means children who are related by
385	blood, marriage, domestic partnership, or legal adoption to, or
386	who are the legal wards of, the family day care home operator,
387	the large family child care home operator, or an adult household
388	member who permanently or temporarily resides in the home.
389	Supervision of the operator's household children shall be left
390	to the discretion of the operator unless those children receive
391	subsidized child care through the School Readiness Program
392	pursuant to s. 411.0101 to be in the home.
393	Section 13.  Paragraph (b) of subsection (5) of section
394	446.50, Florida Statutes, is amended to read:
395	446.50  Displaced homemakers; multiservice programs; report
396	to the Legislature; Displaced Homemaker Trust Fund created.-
397	(5)  DISPLACED HOMEMAKER TRUST FUND.-
398	(b)  The trust fund shall receive funds generated from an
399	additional fee on marriage license applications, declarations of
400	domestic partnerships, and dissolution of marriage and domestic
401	partnership filings as specified in ss. 741.01(3), 741.509, and
402	28.101, respectively, and may receive funds from any other
403	public or private source.
404	Section 14.  Paragraph (b) of subsection (2) of section
405	709.2109, Florida Statutes, is amended to read:
406	709.2109  Termination or suspension of power of attorney or
407	agent's authority.-
408	(2)  An agent's authority is exercisable until the
409	authority terminates. An agent's authority terminates when:
410	(b)  An action is filed for the dissolution or annulment of
411	the agent's marriage to or domestic partnership with the
412	principal or for their legal separation, unless the power of
413	attorney otherwise provides; or
414	Section 15.  Subsection (3) of section 741.28, Florida
415	Statutes, is amended to read:
416	741.28  Domestic violence; definitions.-As used in ss.
417	741.28-741.31:
418	(3)  "Family or household member" means spouses;, former
419	spouses;, persons related by blood, or marriage, or domestic
420	partnership; persons who are presently residing together as if a
421	family or who have resided together in the past as if a family;,
422	and persons who are parents of a child in common regardless of
423	whether they have been married. With the exception of persons
424	who have a child in common, the family or household members must
425	be currently residing or have in the past resided together in
426	the same single dwelling unit.
427	Section 16.  Section 741.501, Florida Statutes, is created
428	to read:
429	741.501  Legislative findings.-The Legislature finds that:
430	(1)  There are a significant number of individuals in this
431	state who live together in important, personal, emotional, and
432	economically committed relationships. Together, these
433	individuals live, serve, and participate in the community, and
434	often rear children and care for family members.
435	(2)  These familial relationships, often referred to as
436	domestic partnerships, assist the state by providing a private
437	network of support for the financial, physical, and emotional
438	health of their participants.
439	(3)  The state has a strong interest in promoting stable
440	and lasting families, and believes that all families should be
441	provided with the opportunity to obtain necessary legal
442	protections and status and the ability to achieve their fullest
443	potential.
444	(4)  While some public and private institutions recognize
445	domestic partnerships for limited purposes such as health
446	benefits, hospital visitation, and medical decisionmaking for an
447	incapacitated family member, many do not. Historically, legal
448	recognition of marriage by the state is the primary and, in a
449	number of instances, the exclusive source of numerous rights,
450	benefits, and responsibilities available to families under the
451	laws of this state.
452	(5)  The status of marriage in this state is limited by
453	Art. I of the State Constitution to the union of one man and one
454	woman and the Legislature does not seek to alter the definition
455	of marriage in any way. The Legislature also finds, however,
456	that recognition of domestic partnerships can provide an
457	alternative mechanism for extending certain important rights and
458	responsibilities to individuals who choose to form long-term,
459	mutually supportive relationships. Such recognition will provide
460	support to these familial relationships without affecting the
461	definition of marriage, without creating or recognizing a legal
462	relationship that is the substantial equivalent of marriage, and
463	without affecting restrictions contained in federal law.
464	(6)  The decision to offer or seek a ceremony or blessing
465	over the domestic partnership should be left to the dictates of
466	each religious faith and to the preferences of the persons
467	entering into the partnership. Sections 741.501-741.511 do not
468	require performance of any solemnization ceremony to enter into
469	a binding domestic partnership agreement and do not interfere
470	with the right of each religious faith to choose freely to whom
471	to grant the religious status, sacrament, or blessing of
472	marriage under the rules and practices of that faith.
473	(7)  Because of the material and other support that these
474	familial relationships provide to their participants, these
475	relationships should be formally recognized and made uniform by
476	law. Therefore, the Legislature declares that it is the policy
477	of this state to establish and define the rights and
478	responsibilities of domestic partners.
479	Section 17.  Section 741.502, Florida Statutes, is created
480	to read:
481	741.502  Definitions.-As used in ss. 741.501-741.511, the
482	term:
483	(1)  "Department" means the Department of Health.
484	(2)  "Domestic partnership" means a civil contract entered
485	into between two individuals who are 18 years of age or older
486	and otherwise capable, of which at least one of whom is a
487	resident of this state.
488	(3)  "Partner" means an individual joined in a domestic
489	partnership.
490	Section 18.  Section 741.503, Florida Statutes, is created
491	to read:
492	741.503  Forms.-
493	(1)  Pursuant to s. 382.003(7), the department shall
494	prepare forms entitled:
495	(a)  "Declaration of Domestic Partnership" which meets the
496	requirements of s. 741.505.
497	(b)  "Certificate of Registered Domestic Partnership."
498	(2)  The department shall distribute the Declaration of
499	Domestic Partnership and Certificate of Registered Domestic
500	Partnership forms to each clerk of the circuit court. The
501	department and each clerk shall make the Declaration of Domestic
502	Partnership form available to the public.
503	Section 19.  Section 741.504, Florida Statutes, is created
504	to read:
505	741.504  Court jurisdiction and duties; registry.-
506	(1)  The circuit court has jurisdiction over any proceeding
507	relating to the domestic partners' rights and obligations.
508	(2)  Each clerk of the circuit court shall maintain a
509	registry of all domestic partnerships entered into in that
510	circuit and a record of all certificates of domestic partnership
511	issued which includes the names of the partners and the date of
512	issuance.
513	(3)  Notwithstanding s. 382.025 or any other law, the
514	registry of domestic partnerships maintained by a clerk of the
515	circuit court is a public record and subject to full disclosure.
516	Section 20.  Section 741.505, Florida Statutes, is created
517	to read:
518	741.505  Domestic partnership requirements.-
519	(1)  Two individuals wishing to become partners in a
520	domestic partnership recognized by this state must complete and
521	file a Declaration of Domestic Partnership form with a clerk of
522	the circuit court. The declaration must include:
523	(a)  A statement attesting that each individual is 18 years
524	of age or older and is otherwise capable of entering into a
525	domestic partnership. The clerk may accept any reasonable proof
526	of an individual's age which is satisfactory to the clerk. The
527	clerk may also require proof of age by affidavit of some
528	individual other than the parties seeking to file the form if
529	the clerk deems it necessary.
530	(b)  A statement attesting that at least one of the
531	individuals is a resident of this state.
532	(c)  Each individual's mailing address.
533	(d)  A statement attesting that each individual consents to
534	the jurisdiction of the circuit courts of this state for any
535	proceeding relating to the partners' rights and obligations,
536	even if one or both partners cease to reside or maintain a
537	domicile in this state.
538	(e)  The notarized signature of each individual, along with
539	a declaration that the representations made on the form are
540	true, correct, and contain no material omissions of fact to the
541	best knowledge and belief of the each individual.
542	(2)  Notwithstanding s. 61.021, each person signing a
543	Declaration of Domestic Partnership form consents to the
544	jurisdiction of the circuit courts of this state for any
545	proceeding related to the partners' rights and obligations, even
546	if one or both partners cease to reside or maintain a domicile
547	in this state.
548	(3)  A person who provides intentionally and materially
549	false information on a Declaration of Domestic Partnership form
550	with the clerk of court commits a misdemeanor of the first
551	degree, punishable as provided in s. 775.082 or s. 775.083.
552	(4)  If all legal requirements have been satisfied and
553	there appears to be no impediment to the domestic partnership,
554	the clerk of the circuit court shall:
555	(a)  Return a copy of the registered form to the partners;
556	(b)  Register the Declaration of Domestic Partnership in a
557	domestic partnership registry; and
558	(c)  Issue a Certificate of Registered Domestic Partnership
559	under his or her hand and seal to the partners in person or at
560	the mailing address provided by the partners.
561	Section 21.  Section 741.506, Florida Statutes, is created
562	to read:
563	741.506  Domestic partnership; name change.-Upon entering
564	into a domestic partnership, a partner may retain his or her
565	previous surname, or, if changed, may resume the previous legal
566	name during the domestic partnership.
567	Section 22.  Section 741.507, Florida Statutes, is created
568	to read:
569	741.507  Domestic partnership; rights and responsibilities;
570	relationship to federal law.-
571	(1)  Any privilege, immunity, right, or benefit granted by
572	statute, administrative or court rule, policy, common law, or
573	any other law to an individual because the individual is or was
574	related to another individual by marriage as an in-law is
575	granted on equivalent terms, substantive and procedural, to an
576	individual who is or was in a domestic partnership or who is or
577	was similarly related as an in-law to an individual
578	participating in a domestic partnership.
579	(2)  Any responsibility imposed by statute, administrative
580	or court rule, policy, common law, or any other law on an
581	individual because the individual is or was related to another
582	individual by marriage as an in-law is imposed on equivalent
583	terms, substantive and procedural, on an individual who is or
584	was in a domestic partnership or who is or was similarly related
585	as an in-law to an individual participating in a domestic
586	partnership.
587	(3)  Any privilege, immunity, right, benefit, or
588	responsibility granted to or imposed by statute, administrative
589	or court rule, policy, common law, or any other law on a spouse
590	with respect to a child of either of the spouses is granted to
591	or imposed on equivalent terms, substantive and procedural, on
592	an individual in a domestic partnership with respect to a child
593	of either of the partners.
594	(4)  Any privilege, immunity, right, benefit, or
595	responsibility granted or imposed by statute, administrative or
596	court rule, policy, common law, or any other law to or on a
597	former or surviving spouse with respect to a child of either of
598	the spouses is granted to or imposed on equivalent terms,
599	substantive and procedural, on a former or surviving partner
600	with respect to a child of either of the partners.
601	(5)  For purposes of administering the tax laws of this
602	state, partners in a domestic partnership, surviving partners of
603	a domestic partnership, and the children of partners in a
604	domestic partnership have the same privileges, immunities,
605	rights, benefits, and responsibilities as are granted to or
606	imposed on spouses in a marriage, surviving spouses, and their
607	children.
608	(6)  Many of the laws of this state are intertwined with
609	federal law, and the Legislature recognizes that it does not
610	have the jurisdiction to control or implement federal laws or
611	the privileges, immunities, rights, benefits, and
612	responsibilities related to federal laws.
613	(7)  Sections 741.502-741.511 do not require or permit the
614	extension of any benefit under any retirement, deferred
615	compensation, or other employee benefit plan, if the plan
616	administrator reasonably concludes that the extension of
617	benefits would conflict with a condition for the tax
618	qualification of the plan, or a condition for other favorable
619	tax treatment of the plan, under the Internal Revenue Code or
620	adopted regulations.
621	(8)  Sections 741.502-741.511 do not require the extension
622	of any benefit under any employee benefit plan that is subject
623	to federal regulation under the Employee Retirement Income
624	Security Act of 1974.
625	Section 23.  Section 741.508, Florida Statutes, is created
626	to read:
627	741.508  Domestic partnerships prohibited and void.-
628	(1)  The following domestic partnerships are prohibited and
629	void:
630	(a)  If either party to the domestic partnership currently
631	has a different partner, or a wife or husband recognized by this
632	state, living at the time of entering into the domestic
633	partnership.
634	(b)  If the parties to the domestic partnership are related
635	by lineal consanguinity or are siblings, or if one party is the
636	niece or nephew of the other party.
637	(c)  If either party to a domestic partnership is incapable
638	of making the civil contract or consenting to the contract for
639	want of legal age or sufficient understanding.
640	(2)  If the consent of either party is obtained by force or
641	fraud, the domestic partnership is void from the time it is so
642	declared by a judgment of a court having jurisdiction of the
643	domestic partnership.
644	(3)  An individual who has filed a Declaration of Domestic
645	Partnership form may not file a new Declaration of Domestic
646	Partnership form or enter a marriage recognized in this state
647	with someone other than the individual's registered partner
648	unless a judgment of dissolution or annulment of the most recent
649	domestic partnership has been entered. This prohibition does not
650	apply if the previous domestic partnership ended because one of
651	the partners died.
652	Section 24.  Section 741.509, Florida Statutes, is created
653	to read:
654	741.509  Fees.-
655	(1)  The clerk of the circuit court shall collect and
656	receive a fee of $2 for receiving a Declaration of Domestic
657	Partnership form completed in accordance with s. 741.505. In
658	addition:
659	(a)  A fee of $25 shall be collected and deposited in the
660	Domestic Violence Trust Fund for the purposes provided in s.
661	741.01(2).
662	(b)  A fee of $7.50 shall be collected for deposit in the
663	Displaced Homemaker Trust Fund created in s. 446.50.
664	(c)  A fee of $25 shall be collected and remitted to the
665	Department of Revenue for deposit, monthly, into the General
666	Revenue Fund.
667	(d)  A fee of $4 shall be collected and distributed as
668	provided in s. 382.022.
669	(2)  An applicant for a Certificate of Registered Domestic
670	Partnership who is unable to pay the fees required under
671	subsection (1) in a lump sum may make payment in not more than
672	three installments over a period of 90 days. The clerk shall
673	accept installment payments upon receipt of an affidavit that
674	the applicant is unable to pay the fees in a lump-sum payment.
675	Upon receipt of the third or final installment payment, the
676	Declaration of Domestic Partnership shall be deemed filed, and
677	the clerk shall issue the Certificate of Registered Domestic
678	Partnership and distribute the fees as appropriate. If the fee
679	is paid in installments, the clerk shall retain $1 from the
680	additional fee imposed pursuant to paragraph (1)(c) as a
681	processing fee.
682	Section 25.  Section 741.510, Florida Statutes, is created
683	to read:
684	741.510  Proof domestic partnership where certificate is
685	not available.-If a Declaration of Domestic Partnership has been
686	received in accordance with s. 741.505 and the clerk has not
687	registered such declaration as required by that section, if a
688	Certificate of Registered Domestic Partnership has been lost, or
689	if by reason of death or other cause the certificate cannot be
690	obtained, the domestic partnership may be proved by affidavit
691	before any officer authorized to administer oaths made by two
692	competent witnesses who were present and saw the Declaration of
693	Domestic Partnership executed under s. 741.505, which affidavit
694	may be filed and recorded in the office of clerk of the circuit
695	in which the Declaration of Domestic Partnership was registered,
696	with the same force and effect as if the proper certificate has
697	been made, returned, and recorded.
698	Section 26.  Section 741.511, Florida Statutes, is created
699	to read:
700	741.511  Termination of partnership.-
701	(1)(a)  A party to a state-registered domestic partnership
702	may terminate the relationship by filing a notice of termination
703	of the state-registered domestic partnership with the department
704	and paying the filing fee established under subsection (5). The
705	notice must be signed by one or both parties and notarized. If
706	the notice is not signed by both parties, the party seeking
707	termination must also file with the department an affidavit
708	stating either that the other party has been served in writing
709	in the manner prescribed for the service of summons in a civil
710	action, that a notice of termination is being filed, or that the
711	party seeking termination has not been able to find the other
712	party after reasonable effort and that notice has been made by
713	publication pursuant to paragraph (b).
714	(b)  When the other party cannot be found after reasonable
715	effort, the party seeking termination may provide notice by
716	publication as provided in chapter 50 in the county in which the
717	residence most recently shared by the domestic partners is
718	located. Notice must be published at least once.
719	(2)  The state registered domestic partnership shall be
720	terminated effective 90 days after the date of filing the notice
721	of termination and payment of the filing fee.
722	(3)  Upon receipt of a signed, notarized notice of
723	termination, affidavit, if required, and the filing fee, the
724	department shall register the notice of termination and provide
725	a certificate of termination of the state-registered domestic
726	partnership to each party named on the notice. The department
727	shall maintain a record of each notice of termination filed with
728	it and each certificate of termination issued by it. The
729	department shall maintain records of terminations of state-
730	registered domestic partnerships, except for those state-
731	registered domestic partnerships terminated under subsection
732	(4).
733	(4)  A state-registered domestic partnership is
734	automatically terminated if, subsequent to the registration of
735	the domestic partnership with the department, either party or
736	both parties enter into a marriage that is recognized as valid
737	in this state, either with each other or with another person.
738	(5)  The department shall collect a reasonable fee for
739	filing the declaration set by rule calculated to cover the
740	department's costs, but not to exceed $50. Fees collected under
741	this section shall be deposited in the department's
742	Administrative Trust Fund.
743	Section 27.  For the purpose of incorporating the amendment
744	made by this act to section 741.28, Florida Statutes, in a
745	reference thereto, paragraph (b) of subsection (1) of section
746	921.0024, Florida Statutes, is reenacted to read:
747	921.0024  Criminal Punishment Code; worksheet computations;
748	scoresheets.-
749	(1)
750	(b)  WORKSHEET KEY:
751
752	Legal status points are assessed when any form of legal status
753	existed at the time the offender committed an offense before the
754	court for sentencing. Four (4) sentence points are assessed for
755	an offender's legal status.
756
757	Community sanction violation points are assessed when a
758	community sanction violation is before the court for sentencing.
759	Six (6) sentence points are assessed for each community sanction
760	violation and each successive community sanction violation,
761	unless any of the following apply:
762	1.  If the community sanction violation includes a new
763	felony conviction before the sentencing court, twelve (12)
764	community sanction violation points are assessed for the
765	violation, and for each successive community sanction violation
766	involving a new felony conviction.
767	2.  If the community sanction violation is committed by a
768	violent felony offender of special concern as defined in s.
769	948.06:
770	a.  Twelve (12) community sanction violation points are
771	assessed for the violation and for each successive violation of
772	felony probation or community control where:
773	(I)  The violation does not include a new felony
774	conviction; and
775	(II)  The community sanction violation is not based solely
776	on the probationer or offender's failure to pay costs or fines
777	or make restitution payments.
778	b.  Twenty-four (24) community sanction violation points
779	are assessed for the violation and for each successive violation
780	of felony probation or community control where the violation
781	includes a new felony conviction.
782
783	Multiple counts of community sanction violations before the
784	sentencing court shall not be a basis for multiplying the
785	assessment of community sanction violation points.
786
787	Prior serious felony points: If the offender has a primary
788	offense or any additional offense ranked in level 8, level 9, or
789	level 10, and one or more prior serious felonies, a single
790	assessment of thirty (30) points shall be added. For purposes of
791	this section, a prior serious felony is an offense in the
792	offender's prior record that is ranked in level 8, level 9, or
793	level 10 under s. 921.0022 or s. 921.0023 and for which the
794	offender is serving a sentence of confinement, supervision, or
795	other sanction or for which the offender's date of release from
796	confinement, supervision, or other sanction, whichever is later,
797	is within 3 years before the date the primary offense or any
798	additional offense was committed.
799
800	Prior capital felony points: If the offender has one or more
801	prior capital felonies in the offender's criminal record, points
802	shall be added to the subtotal sentence points of the offender
803	equal to twice the number of points the offender receives for
804	the primary offense and any additional offense. A prior capital
805	felony in the offender's criminal record is a previous capital
806	felony offense for which the offender has entered a plea of nolo
807	contendere or guilty or has been found guilty; or a felony in
808	another jurisdiction which is a capital felony in that
809	jurisdiction, or would be a capital felony if the offense were
810	committed in this state.
811
812	Possession of a firearm, semiautomatic firearm, or machine gun:
813	If the offender is convicted of committing or attempting to
814	commit any felony other than those enumerated in s. 775.087(2)
815	while having in his or her possession: a firearm as defined in
816	s. 790.001(6), an additional eighteen (18) sentence points are
817	assessed; or if the offender is convicted of committing or
818	attempting to commit any felony other than those enumerated in
819	s. 775.087(3) while having in his or her possession a
820	semiautomatic firearm as defined in s. 775.087(3) or a machine
821	gun as defined in s. 790.001(9), an additional twenty-five (25)
822	sentence points are assessed.
823
824	Sentencing multipliers:
825
826	Drug trafficking: If the primary offense is drug trafficking
827	under s. 893.135, the subtotal sentence points are multiplied,
828	at the discretion of the court, for a level 7 or level 8
829	offense, by 1.5. The state attorney may move the sentencing
830	court to reduce or suspend the sentence of a person convicted of
831	a level 7 or level 8 offense, if the offender provides
832	substantial assistance as described in s. 893.135(4).
833
834	Law enforcement protection: If the primary offense is a
835	violation of the Law Enforcement Protection Act under s.
836	775.0823(2), (3), or (4), the subtotal sentence points are
837	multiplied by 2.5. If the primary offense is a violation of s.
838	775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
839	are multiplied by 2.0. If the primary offense is a violation of
840	s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
841	Protection Act under s. 775.0823(10) or (11), the subtotal
842	sentence points are multiplied by 1.5.
843
844	Grand theft of a motor vehicle: If the primary offense is grand
845	theft of the third degree involving a motor vehicle and in the
846	offender's prior record, there are three or more grand thefts of
847	the third degree involving a motor vehicle, the subtotal
848	sentence points are multiplied by 1.5.
849
850	Offense related to a criminal gang: If the offender is convicted
851	of the primary offense and committed that offense for the
852	purpose of benefiting, promoting, or furthering the interests of
853	a criminal gang as prohibited under s. 874.04, the subtotal
854	sentence points are multiplied by 1.5.
855
856	Domestic violence in the presence of a child: If the offender is
857	convicted of the primary offense and the primary offense is a
858	crime of domestic violence, as defined in s. 741.28, which was
859	committed in the presence of a child under 16 years of age who
860	is a family or household member as defined in s. 741.28(3) with
861	the victim or perpetrator, the subtotal sentence points are
862	multiplied by 1.5.
863	Section 28.  For the purpose of incorporating the amendment
864	made by this act to section 741.28, Florida Statutes, in a
865	reference thereto, paragraph (b) of subsection (2) of section
866	943.171, Florida Statutes, is reenacted to read:
867	943.171  Basic skills training in handling domestic
868	violence cases.-
869	(2)  As used in this section, the term:
870	(b)  "Household member" has the meaning set forth in s.
871	741.28(3).
872	Section 29.  This act shall take effect July 1, 2012.

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