Bill Text: FL S0232 | 2010 | Regular Session | Introduced

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Bill Title: Domestic Partnerships [SPSC]

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2010-04-30 - Died in Committee on Health Regulation [S0232 Detail]

Download: Florida-2010-S0232-Introduced.html

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Florida Senate - 2010                                     SB 232 
 
By Senator Sobel 
31-00110-10                                            2010232__ 
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; creating s. 220.121, F.S.; 
10         providing applicability of domestic partnerships to 
11         state tax laws; amending s. 382.002, F.S.; defining 
12         the term “dissolution of a domestic partnership” for 
13         purposes of vital records; including domestic 
14         partnerships and dissolution of domestic partnership 
15         as vital records in this state; amending s. 382.003, 
16         F.S.; requiring the Department of Health to examine 
17         all certificates of domestic partnership forms and 
18         dissolution of domestic partnership reports sent from 
19         the courts; amending s. 382.0085, F.S.; conforming a 
20         cross-reference; amending s. 382.021, F.S.; requiring 
21         the clerk of the circuit court to transmit all 
22         original declarations of domestic partnership to the 
23         Department of Health by a specified date each month; 
24         amending s. 382.022, F.S.; requiring the clerk of the 
25         circuit court to collect a fee after registering a 
26         domestic partnership; amending s. 382.023, F.S.; 
27         requiring the clerk of the circuit court to collect a 
28         fee upon filing a final judgment for a dissolution of 
29         domestic partnership; amending s. 382.025, F.S.; 
30         authorizing the Department of Health to issue a 
31         certified copy of certain vital records to a domestic 
32         partner; amending s. 382.0255, F.S.; providing that 
33         the Department of Health is entitled to a specified 
34         fee for the issuance of a commemorative certificate of 
35         domestic partnership; amending s. 446.50, F.S.; 
36         requiring that certain fees relating to declarations 
37         of domestic partnership and dissolution of domestic 
38         partnership filings be deposited in the Displaced 
39         Homemaker Trust Fund; amending s. 741.28, F.S.; 
40         redefining the term “family or household member” in 
41         the context of domestic violence to include a domestic 
42         partnership; creating s. 741.501, F.S.; providing 
43         legislative findings; creating s. 741.502, F.S.; 
44         defining terms; creating s. 741.503, F.S.; requiring 
45         the Department of Health to create and distribute the 
46         Declaration of Domestic Partnership and Certificate of 
47         Registered Domestic Partnership forms to each clerk of 
48         the circuit court; requiring the department and each 
49         clerk of the circuit court to make the Declaration of 
50         Domestic Partnership form available to the public; 
51         creating s. 741.504, F.S.; providing that the circuit 
52         court has jurisdiction over domestic partnership 
53         proceedings; requiring the clerk of the circuit court 
54         to maintain a domestic partnership registry; providing 
55         that the registry is a public record; creating s. 
56         741.505, F.S.; requiring two individuals who wish to 
57         become partners in a domestic partnership to complete 
58         and file a Declaration of Domestic Partnership form 
59         with the clerk of the circuit court; specifying the 
60         required contents of the completed form; providing 
61         that each partner who signs the form consents to the 
62         jurisdiction of the circuit court for certain 
63         specified purposes; providing that if a person files 
64         an intentionally and materially false form, he or she 
65         commits a misdemeanor of the first degree; providing 
66         criminal penalties; requiring the clerk of the circuit 
67         court to register the Declaration of Domestic 
68         Partnership in a domestic partnership registry and 
69         issue a Certificate of Registered Domestic 
70         Partnership; creating s. 742.506, F.S.; authorizing 
71         the domestic partners to retain surnames; creating s. 
72         741.507, F.S.; providing that any privilege or 
73         responsibility granted or imposed by statute, 
74         administrative rule, court order, policy, common law, 
75         or any other law to an individual because the 
76         individual is or was related to another by marriage, 
77         or is a child of either of the spouses, is granted on 
78         equivalent terms to domestic partners or individuals 
79         similarly related to domestic partners; providing that 
80         the act does not require or permit the extension of 
81         any benefit under a retirement, deferred compensation, 
82         or other employee benefit plan, if the plan 
83         administrator reasonably concludes that the extension 
84         of benefits to partners would conflict with a 
85         condition for tax qualification of the plan, or a 
86         condition for other favorable tax treatment of the 
87         plan, under the Internal Revenue Code; creating s. 
88         741.508, F.S.; specifying prohibited or void domestic 
89         partnerships; creating s. 741.09, F.S.; requiring that 
90         the clerk of the circuit court collect certain fees 
91         for receiving a Declaration of Domestic Partnership; 
92         authorizing the clerk of the circuit court to accept 
93         installment payments from individuals who are unable 
94         to pay the fees in a lump sum; creating s. 741.510, 
95         F.S.; providing methods to prove the existence of a 
96         registered Declaration Domestic Partnership when the 
97         certificate document has been lost or is otherwise 
98         unavailable; reenacting ss. 921.0024(1)(b) and 
99         943.171(2)(b), F.S., relating to the worksheet form 
100         for the Criminal Punishment Code and the basic skills 
101         training for domestic violence cases, respectively, to 
102         incorporate the amendments made to s. 741.28, F.S., in 
103         references thereto; providing an effective date. 
104 
105  Be It Enacted by the Legislature of the State of Florida: 
106 
107         Section 1. Section 28.101, Florida Statutes, is amended to 
108  read: 
109         28.101 Petitions and records of dissolution of marriage and 
110  domestic partnership; additional charges.— 
111         (1) When a party petitions for a dissolution of marriage or 
112  dissolution of domestic partnership, in addition to the filing 
113  charges in s. 28.241, the clerk shall collect and receive: 
114         (a) A charge of $5. On a monthly basis, the clerk shall 
115  transfer the moneys collected pursuant to this paragraph to the 
116  Department of Revenue for deposit in the Child Welfare Training 
117  Trust Fund created in s. 402.40. 
118         (b) A charge of $5. On a monthly basis, the clerk shall 
119  transfer the moneys collected pursuant to this paragraph to the 
120  Department of Revenue for deposit in the Displaced Homemaker 
121  Trust Fund created in s. 446.50. If a petitioner does not have 
122  sufficient funds with which to pay this fee and signs an 
123  affidavit so stating, all or a portion of the fee shall be 
124  waived subject to a subsequent order of the court relative to 
125  the payment of the fee. 
126         (c) A charge of $55. On a monthly basis, the clerk shall 
127  transfer the moneys collected pursuant to this paragraph to the 
128  Department of Revenue for deposit in the Domestic Violence Trust 
129  Fund. Such funds which are generated shall be directed to the 
130  Department of Children and Family Services for the specific 
131  purpose of funding domestic violence centers. 
132         (d) A charge of $32.50. On a monthly basis, the clerk shall 
133  transfer the moneys collected pursuant to this paragraph as 
134  follows: 
135         1. An amount of $7.50 to the Department of Revenue for 
136  deposit in the Displaced Homemaker Trust Fund. 
137         2. An amount of $25 to the Department of Revenue for 
138  deposit in the General Revenue Fund. 
139         (2) Upon receipt of a final judgment of dissolution of 
140  marriage or dissolution of domestic partnership for filing, and 
141  in addition to the filing charges in s. 28.241, the clerk may 
142  collect and receive a service charge of up to $10.50 pursuant to 
143  s. 382.023 for the recording and reporting the of such final 
144  judgment of dissolution of marriage to the Department of Health. 
145         Section 2. Subsection (23) of section 28.24, Florida 
146  Statutes, is amended to read: 
147         28.24 Service charges by clerk of the circuit court.—The 
148  clerk of the circuit court shall charge for services rendered by 
149  the clerk’s office in recording documents and instruments and in 
150  performing the duties enumerated in amounts not to exceed those 
151  specified in this section. Notwithstanding any other provision 
152  of this section, the clerk of the circuit court shall provide 
153  without charge to the state attorney, public defender, guardian 
154  ad litem, public guardian, attorney ad litem, criminal conflict 
155  and civil regional counsel, and private court-appointed counsel 
156  paid by the state, and to the authorized staff acting on behalf 
157  of each, access to and a copy of any public record, if the 
158  requesting party is entitled by law to view the exempt or 
159  confidential record, as maintained by and in the custody of the 
160  clerk of the circuit court as provided in general law and the 
161  Florida Rules of Judicial Administration. The clerk of the 
162  circuit court may provide the requested public record in an 
163  electronic format in lieu of a paper format when capable of 
164  being accessed by the requesting entity. 
165 
166  Charges 
167 
168         (23) Upon receipt of an application for a marriage license 
169  or a declaration of domestic partnership, for preparing and 
170  administering of oath; issuing, sealing, and recording of the 
171  marriage license or registering the domestic partnership; and 
172  providing a certified copy.................................30.00 
173         Section 3. Subsection (2) of section 97.1031, Florida 
174  Statutes, is amended to read: 
175         97.1031 Notice of change of residence, change of name, or 
176  change of party affiliation.— 
177         (2) When an elector moves from the address named on that 
178  person’s voter registration record to another address in a 
179  different county but within the state, the elector seeks to 
180  change party affiliation, or the name of an elector is changed 
181  by marriage, domestic partnership, or other legal process, the 
182  elector shall provide notice of such change to a voter 
183  registration official using a voter registration application 
184  signed by the elector. A voter information card reflecting the 
185  new information shall be issued to the elector as provided in 
186  subsection (3). 
187         Section 4. Section 220.121, Florida Statutes, is created to 
188  read: 
189         220.121 Application to domestic partnerships.—This chapter 
190  applies to partners in a domestic partnership, as defined in s. 
191  741.502, and surviving partners as if federal income tax law 
192  recognized a domestic partnership in the same manner as state 
193  law. 
194         Section 5. Present subsections (6) through (16) of section 
195  382.002, Florida Statutes, are renumbered as subsections (7) 
196  through (17), respectively, a new subsection (6) is added to 
197  that section, and present subsection (15) of that section is 
198  amended, to read: 
199         382.002 Definitions.—As used in this chapter, the term: 
200         (6) “Dissolution of domestic partnership” includes an 
201  annulment of domestic partnership. 
202         (16)(15) “Vital records” or “records” means certificates or 
203  reports of birth, death, fetal death, marriage, domestic 
204  partnership, dissolution of marriage or domestic partnership, 
205  name change filed pursuant to s. 68.07, and data related 
206  thereto. 
207         Section 6. Subsection (7) of section 382.003, Florida 
208  Statutes, is amended to read: 
209         382.003 Powers and duties of the department.—The department 
210  shall: 
211         (7) Approve all forms used in registering, recording, 
212  certifying, and preserving vital records, or in otherwise 
213  carrying out the purposes of this chapter, and no other forms 
214  may not shall be used other than those approved by the 
215  department. The department is responsible for the careful 
216  examination of the certificates received monthly from the local 
217  registrars and marriage certificates, certificates of domestic 
218  partnership, and dissolution of marriage and domestic 
219  partnership reports received from the circuit and county courts. 
220  A certificate that is complete and satisfactory shall be 
221  accepted and given a state file number and considered a state 
222  filed record. If any such certificates are incomplete or 
223  unsatisfactory, the department shall require further information 
224  to be supplied as may be necessary to make the record complete 
225  and satisfactory. All physicians, midwives, informants, or 
226  funeral directors, and all other persons having knowledge of the 
227  facts, are required to supply, upon a form approved by the 
228  department or upon the original certificate, such information as 
229  they may possess regarding any vital record. 
230         Section 7. Subsection (9) of section 382.0085, Florida 
231  Statutes, is amended to read: 
232         382.0085 Stillbirth registration.— 
233         (9) This section or s. 382.002(15) s. 382.002(14) may not 
234  be used to establish, bring, or support a civil cause of action 
235  seeking damages against any person or entity for bodily injury, 
236  personal injury, or wrongful death for a stillbirth. 
237         Section 8. Section 382.021, Florida Statutes, is amended to 
238  read: 
239         382.021 Department to receive marriage licenses and 
240  declarations of domestic partnership.—On or before the 5th day 
241  of each month, the county court judge or clerk of the circuit 
242  court shall transmit to the department all original marriage 
243  licenses, with endorsements, and all declarations of domestic 
244  partnership received during the preceding calendar month, to the 
245  department. Any marriage licenses or declarations of domestic 
246  partnership issued and not returned, or any marriage licenses 
247  returned but not recorded, shall be reported by the issuing 
248  county court judge or clerk of the circuit court to the 
249  department at the time of transmitting the recorded licenses or 
250  declarations on the forms to be prescribed and furnished by the 
251  department. If during any month no marriage licenses or 
252  declarations of domestic partnership are issued or returned, the 
253  county court judge or clerk of the circuit court shall report 
254  such fact to the department upon forms prescribed and furnished 
255  by the department. 
256         Section 9. Section 382.022, Florida Statutes, is amended to 
257  read: 
258         382.022 Marriage application; registration of domestic 
259  partnership; fees.—Upon the receipt of each application for the 
260  issuance of a marriage license or registering a domestic 
261  partnership, the county court judge or clerk of the circuit 
262  court shall, pursuant to s. 741.02, collect and receive a fee of 
263  $4 which shall be remitted to the Department of Revenue for 
264  deposit to the Department of Health to defray part of the cost 
265  of maintaining marriage and domestic partnership records. 
266         Section 10. Section 382.023, Florida Statutes, is amended 
267  to read: 
268         382.023 Department to receive dissolution-of-marriage and 
269  domestic-partnership records; fees.—Clerks of the circuit courts 
270  shall collect for their services At the time of the filing of a 
271  final judgment of dissolution of marriage or dissolution of 
272  domestic partnership, the clerk of the circuit court shall 
273  collect a fee of up to $10.50, of which 43 percent shall be 
274  retained by the clerk of the circuit court as a part of the cost 
275  in the cause in which the judgment is granted. The remaining 57 
276  percent shall be remitted to the Department of Revenue for 
277  deposit to the Department of Health to defray part of the cost 
278  of maintaining the dissolution-of-marriage and dissolution-of 
279  domestic-partnership records. A record of each and every 
280  judgment of dissolution of marriage and dissolution of domestic 
281  partnership granted by the court during the preceding calendar 
282  month, giving names of parties and such other data as required 
283  by forms prescribed by the department, shall be transmitted to 
284  the department, on or before the 10th day of each month, along 
285  with an accounting of the funds remitted to the Department of 
286  Revenue pursuant to this section. 
287         Section 11. Paragraph (a) of subsection (1) and paragraphs 
288  (a) and (c) of subsection (2) of section 382.025, Florida 
289  Statutes, are amended to read: 
290         382.025 Certified copies of vital records; confidentiality; 
291  research.— 
292         (1) BIRTH RECORDS.—Except for birth records over 100 years 
293  old which are not under seal pursuant to court order, all birth 
294  records of this state shall be confidential and are exempt from 
295  the provisions of s. 119.07(1). 
296         (a) Certified copies of the original birth certificate or a 
297  new or amended certificate, or affidavits thereof, are 
298  confidential and exempt from the provisions of s. 119.07(1) and, 
299  upon receipt of a request and payment of the fee prescribed in 
300  s. 382.0255, shall be issued only as authorized by the 
301  department and in the form prescribed by the department, and 
302  only: 
303         1. To the registrant, if of legal age; 
304         2. To the registrant’s parent or guardian or other legal 
305  representative; 
306         3. Upon receipt of the registrant’s death certificate, to 
307  the registrant’s spouse or domestic partner or to the 
308  registrant’s child, grandchild, or sibling, if of legal age, or 
309  to the legal representative of any of such persons; 
310         4. To any person if the birth record is over 100 years old 
311  and not under seal pursuant to court order; 
312         5. To a law enforcement agency for official purposes; 
313         6. To any agency of the state or the United States for 
314  official purposes upon approval of the department; or 
315         7. Upon order of any court of competent jurisdiction. 
316         (2) OTHER RECORDS.— 
317         (a) The department shall authorize the issuance of a 
318  certified copy of all or part of any marriage, domestic 
319  partnership, dissolution of marriage or domestic partnership, or 
320  death or fetal death certificate, excluding that portion which 
321  is confidential and exempt from the provisions of s. 119.07(1) 
322  as provided under s. 382.008, to any person requesting it upon 
323  receipt of a request and payment of the fee prescribed by this 
324  section. A certification of the death or fetal death certificate 
325  which includes the confidential portions shall be issued only: 
326         1. To the registrant’s spouse, domestic partner, or parent, 
327  or to the registrant’s child, grandchild, or sibling, if of 
328  legal age, or to any person who provides a will that has been 
329  executed pursuant to s. 732.502, insurance policy, or other 
330  document that demonstrates his or her interest in the estate of 
331  the registrant, or to any person who provides documentation that 
332  he or she is acting on behalf of any of them; 
333         2. To any agency of the state or local government or the 
334  United States for official purposes upon approval of the 
335  department; or 
336         3. Upon order of any court of competent jurisdiction. 
337         (c) The department shall issue, upon request and upon 
338  payment of an additional fee prescribed by this section, a 
339  commemorative marriage license or certificate of domestic 
340  partnership representing that the marriage or domestic 
341  partnership of the persons named thereon is recorded in the 
342  office of the registrar. The certificate issued under this 
343  paragraph must shall be in a form consistent with the need to 
344  protect the integrity of vital records but must shall be 
345  suitable for display. It may bear the seal of the state printed 
346  thereon and may be signed by the Governor. 
347         Section 12. Paragraph (i) of subsection (1) of section 
348  382.0255, Florida Statutes, is amended to read: 
349         382.0255 Fees.— 
350         (1) The department is entitled to fees, as follows: 
351         (i) Twenty-five dollars for a commemorative certificate of 
352  birth, or marriage, or domestic partnership. Fees collected 
353  pursuant to this paragraph in excess of expenses shall be used 
354  available for use by the Regional Perinatal Intensive Care 
355  Centers (RPICC) Program to prevent child abuse and neglect. 
356  Funds derived from the issuance of commemorative marriage 
357  certificates shall be used available for use by the Improved 
358  Pregnancy Outcome Program. 
359         Section 13. Paragraph (b) of subsection (5) of section 
360  446.50, Florida Statutes, is amended to read: 
361         446.50 Displaced homemakers; multiservice programs; report 
362  to the Legislature; Displaced Homemaker Trust Fund created.— 
363         (5) DISPLACED HOMEMAKER TRUST FUND.— 
364         (b) The trust fund shall receive funds generated from an 
365  additional fee on marriage license applications, declarations of 
366  domestic partnerships, and dissolution of marriage and domestic 
367  partnership filings as specified in ss. 741.01(3), 741.509, and 
368  28.101, respectively, and may receive funds from any other 
369  public or private source. 
370         Section 14. Subsection (3) of section 741.28, Florida 
371  Statutes, is amended to read: 
372         741.28 Domestic violence; definitions.—As used in ss. 
373  741.28-741.31: 
374         (3) “Family or household member” means spouses;, former 
375  spouses;, persons related by blood, or marriage, or domestic 
376  partnership; persons who are presently residing together as if a 
377  family or who have resided together in the past as if a family;, 
378  and persons who are parents of a child in common regardless of 
379  whether they have been married. With the exception of persons 
380  who have a child in common, the family or household members must 
381  be currently residing or have in the past resided together in 
382  the same single dwelling unit. 
383         Section 15. Section 741.501, Florida Statutes, is created 
384  to read: 
385         741.501 Legislative findings.—The Legislature finds that: 
386         (1) There are a significant number of individuals in this 
387  state who live together in important, personal, emotional, and 
388  economically committed relationships. Together, these 
389  individuals live, serve, and participate in the community, and 
390  often rear children and care for family members. 
391         (2) These familial relationships, often referred to as 
392  domestic partnerships, assist the state by providing a private 
393  network of support for the financial, physical, and emotional 
394  health of their participants. 
395         (3) The state has a strong interest in promoting stable and 
396  lasting families, and believes that all families should be 
397  provided with the opportunity to obtain necessary legal 
398  protections and status and the ability to achieve their fullest 
399  potential. 
400         (4) While some public and private institutions recognize 
401  domestic partnerships for limited purposes such as health 
402  benefits, hospital visitation, and medical decisionmaking for an 
403  incapacitated family member, many do not. Historically, legal 
404  recognition of marriage by the state is the primary and, in a 
405  number of instances, the exclusive source of numerous rights, 
406  benefits, and responsibilities available to families under the 
407  laws of this state. 
408         (5) The status of marriage in this state is limited by Art. 
409  I of the State Constitution to the union of one man and one 
410  woman and the Legislature does not seek to alter the definition 
411  of marriage in any way. The Legislature also finds, however, 
412  that recognition of domestic partnerships can provide an 
413  alternative mechanism for extending certain important rights and 
414  responsibilities to individuals who choose to form long-term, 
415  mutually supportive relationships. Such recognition will provide 
416  support to these familial relationships without affecting the 
417  definition of marriage, without creating or recognizing a legal 
418  relationship that is the substantial equivalent of marriage, and 
419  without affecting restrictions contained in federal law. 
420         (6) The decision to offer or seek a ceremony or blessing 
421  over the domestic partnership should be left to the dictates of 
422  each religious faith and to the preferences of the persons 
423  entering into the partnership. Sections 741.501-741.510 do not 
424  require performance of any solemnization ceremony to enter into 
425  a binding domestic partnership agreement and do not interfere 
426  with the right of each religious faith to choose freely to whom 
427  to grant the religious status, sacrament, or blessing of 
428  marriage under the rules and practices of that faith. 
429         (7) Because of the material and other support that these 
430  familial relationships provide to their participants, these 
431  relationships should be formally recognized and made uniform by 
432  law. Therefore, the Legislature declares that it is the policy 
433  of this state to establish and define the rights and 
434  responsibilities of domestic partners. 
435         Section 16. Section 741.502, Florida Statutes, is created 
436  to read: 
437         741.502 Definitions.—As used in ss. 741.501-741-510, the 
438  term: 
439         (1) “Department” means the Department of Health. 
440         (2) “Domestic partnership” means a civil contract entered 
441  into between two individuals who are 18 years of age or older 
442  and otherwise capable, of which at least one of whom is a 
443  resident of this state. 
444         (3) “Partner” means an individual joined in a domestic 
445  partnership. 
446         Section 17. Section 741.503, Florida Statutes, is created 
447  to read: 
448         741.503 Forms.— 
449         (1) Pursuant to s. 382.003(7), the department shall prepare 
450  forms entitled: 
451         (a) “Declaration of Domestic Partnership” which meets the 
452  requirements of s. 741.504; and 
453         (b) “Certificate of Registered Domestic Partnership.” 
454         (2) The department shall distribute the Declaration of 
455  Domestic Partnership and Certificate of Registered Domestic 
456  Partnership forms to each clerk of the circuit court. The 
457  department and each clerk shall make the Declaration of Domestic 
458  Partnership form available to the public. 
459         Section 18. Section 741.504, Florida Statutes, is created 
460  to read: 
461         741.504 Court jurisdiction and duties; registry.— 
462         (1) The circuit court has jurisdiction over any proceeding 
463  relating to the domestic partners’ rights and obligations, 
464  including a petition for the dissolution or annulment of the 
465  domestic partnership. 
466         (2) Each clerk of the circuit court shall maintain a 
467  registry of all domestic partnerships entered into in that 
468  circuit and a record of all certificates of domestic partnership 
469  issued which includes the names of the partners and the date of 
470  issuance. 
471         (3) Notwithstanding s. 382.025 or any other law, the 
472  registry of domestic partnerships maintained by a clerk of the 
473  circuit court is a public record and subject to full disclosure. 
474         Section 19. Section 741.505, Florida Statutes, is created 
475  to read: 
476         741.505 Domestic partnership requirements.— 
477         (1) Two individuals wishing to become partners in a 
478  domestic partnership recognized by this state must complete and 
479  file a Declaration of Domestic Partnership form with a clerk of 
480  the circuit court. The declaration must include: 
481         (a) A statement attesting that each individual is 18 years 
482  of age or older and is otherwise capable of entering into a 
483  domestic partnership. The clerk may accept any reasonable proof 
484  of an individual’s age which is satisfactory to the clerk. The 
485  clerk may also require proof of age by affidavit of some 
486  individual other than the parties seeking to file the form if 
487  the clerk deems it necessary. 
488         (b) A statement attesting that at least one of the 
489  individuals is a resident of this state. 
490         (c) Each individual’s mailing address. 
491         (d) A statement attesting that each individual consents to 
492  the jurisdiction of the circuit courts of this state for the 
493  purpose of an action to obtain a judgment of dissolution or 
494  annulment of the domestic partnership or for legal separation of 
495  the partners, or for any other proceeding relating to the 
496  partners’ rights and obligations, even if one or both partners 
497  ceases to reside, or maintain a domicile, in this state. 
498         (e) The notarized signature of each individual, along with 
499  a declaration that the representations made on the form are 
500  true, correct, and contain no material omissions of fact to the 
501  best knowledge and belief of the each individual. 
502         (2) Notwithstanding s. 61.021, each person signing a 
503  Declaration of Domestic Partnership form consents to the 
504  jurisdiction of the circuit courts of this state for the purpose 
505  of an action to obtain a judgment of dissolution or annulment of 
506  the domestic partnership, for legal separation of the partners 
507  in the domestic partnership, or for any other proceeding related 
508  to the partners’ rights and obligations even if one or both 
509  partners cease to reside or maintain a domicile in this state. 
510         (3) A person who provides intentionally and materially 
511  false information on a Declaration of Domestic Partnership form 
512  with the clerk of court commits a misdemeanor of the first 
513  degree, punishable as provided in s. 775.082 or s. 775.083. 
514         (4) If all legal requirements have been satisfied and there 
515  appears to be no impediment to the domestic partnership, the 
516  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 
519  domestic partnership registry; and 
520         (c) Issue a Certificate of Registered Domestic Partnership 
521  under his or her hand and seal to the partners in person or at 
522  the mailing address provided by the partners. 
523         Section 20. Section 741.506, Florida Statutes, is created 
524  to read: 
525         741.506 Domestic partnership; name change.—Upon entering 
526  into a domestic partnership, a partner may retain his or her 
527  previous surname, or, if changed, may resume the previous legal 
528  name during the domestic partnership. 
529         Section 21. Section 741.507, Florida Statutes, is created 
530  to read: 
531         741.507 Domestic partnership; rights and responsibilities; 
532  relationship to federal law.— 
533         (1) Any privilege, immunity, right, or benefit granted by 
534  statute, administrative or court rule, policy, common law, or 
535  any other law to an individual because the individual is or was 
536  related to another individual by marriage as an in-law is 
537  granted on equivalent terms, substantive and procedural, to an 
538  individual who is or was in a domestic partnership, or who is or 
539  was similarly related as an in-law to an individual 
540  participating in a domestic partnership. 
541         (2) Any responsibility imposed by statute, administrative 
542  or court rule, policy, common law, or any other law on an 
543  individual because the individual is or was related to another 
544  individual by marriage as an in-law, is imposed on equivalent 
545  terms, substantive and procedural, on an individual who is or 
546  was in a domestic partnership or who is or was similarly related 
547  as an in-law to an individual participating in a domestic 
548  partnership. 
549         (3) Any privilege, immunity, right, benefit, or 
550  responsibility granted to or imposed by statute, administrative 
551  or court rule, policy, common law, or any other law on a spouse 
552  with respect to a child of either of the spouses is granted to 
553  or imposed on equivalent terms, substantive and procedural, on 
554  an individual in a domestic partnership with respect to a child 
555  of either of the partners. 
556         (4) Any privilege, immunity, right, benefit, or 
557  responsibility granted or imposed by statute, administrative or 
558  court rule, policy, common law, or any other law to or on a 
559  former or surviving spouse with respect to a child of either of 
560  the spouses is granted to or imposed on equivalent terms, 
561  substantive and procedural, on a former or surviving partner 
562  with respect to a child of either of the partners. 
563         (5) For purposes of administering the tax laws of this 
564  state, partners in a domestic partnership, surviving partners in 
565  a domestic partnership, and the children of partners in a 
566  domestic partnership have the same privileges, immunities, 
567  rights, benefits, and responsibilities as are granted to or 
568  imposed on spouses in a marriage, surviving spouses, and their 
569  children. 
570         (6) Many of the laws of this state are intertwined with 
571  federal law, and the Legislature recognizes that it does not 
572  have the jurisdiction to control or implement federal laws or 
573  the privileges, immunities, rights, benefits, and 
574  responsibilities related to federal laws. 
575         (7) Sections 741.502-741.510 do not require or permit the 
576  extension of any benefit under any retirement, deferred 
577  compensation, or other employee benefit plan, if the plan 
578  administrator reasonably concludes that the extension of 
579  benefits would conflict with a condition for the tax 
580  qualification of the plan, or a condition for other favorable 
581  tax treatment of the plan, under the Internal Revenue Code or 
582  adopted regulations. 
583         (8) Sections 741.502-741.510 do not require the extension 
584  of any benefit under any employee benefit plan that is subject 
585  to federal regulation under the Employee Retirement Income 
586  Security Act of 1974. 
587         Section 22. Section 741.508, Florida Statutes, is created 
588  to read: 
589         741.508 Domestic partnerships prohibited and void.— 
590         (1) The following domestic partnerships are prohibited and 
591  void: 
592         (a) If either party to the domestic partnership currently 
593  has a different partner, or a wife or husband recognized by this 
594  state, living at the time of entering into the domestic 
595  partnership. 
596         (b) If the parties to the domestic partnership are related 
597  by lineal consanguinity or are siblings, or if one party is the 
598  niece or nephew of the other party. 
599         (2) If either party to a domestic partnership is incapable 
600  of making the civil contract or consenting to the contract for 
601  want of legal age or sufficient understanding. If the consent of 
602  either party is obtained by force or fraud, the domestic 
603  partnership is void from the time it is so declared by a 
604  judgment of a court having jurisdiction of the domestic 
605  partnership. 
606         (3) An individual who has filed a Declaration of Domestic 
607  Partnership form may not file a new Declaration of Domestic 
608  Partnership form or enter a marriage recognized in this state 
609  with someone other than the individual’s registered partner 
610  unless a judgment of dissolution or annulment of the most recent 
611  domestic partnership has been entered. This prohibition does not 
612  apply if the previous domestic partnership ended because one of 
613  the partners died. 
614         Section 23. Section 741.509, Florida Statutes, is created 
615  to read: 
616         741.509 Fees.— 
617         (1) The clerk of the circuit court shall collect and 
618  receive a fee of $2 for receiving a Declaration of Domestic 
619  Partnership form completed in accordance with s. 741.505. In 
620  addition: 
621         (a) A fee of $25 shall be collected and deposited in the 
622  Domestic Violence Trust Fund in accordance with s. 741.01(2). 
623         (b) A fee of $7.50 shall be collected for deposit in the 
624  Displaced Homemaker Trust Fund created in s. 446.50. 
625         (c) A fee of $25 shall be collected and remitted to the 
626  Department of Revenue for deposit, monthly, into the General 
627  Revenue Fund. 
628         (d) A fee of $4 shall be collected and distributed as 
629  provided in s. 382.022. 
630         (2) An applicant for a Certificate of Registered Domestic 
631  Partnership who is unable to pay the fees required under 
632  subsection (1) in a lump sum may make payment in not more than 
633  three installments over a period of 90 days. The clerk shall 
634  accept installment payments upon receipt of an affidavit that 
635  the applicant is unable to pay the fees in a lump-sum payment. 
636  Upon receipt of the third or final installment payment, the 
637  Declaration of Domestic Partnership shall be deemed filed, and 
638  the clerk shall issue the Certificate of Registered Domestic 
639  Partnership and distribute the fees as appropriate. If the 
640  marriage license fee is paid in installments, the clerk shall 
641  retain $1 from the additional fee imposed pursuant to paragraph 
642  (1)(c) as a processing fee. 
643         Section 24. Section 741.510, Florida Statutes, is created 
644  to read: 
645         741.510 Proof domestic partnership where certificate is not 
646  available.—If a Declaration of Domestic Partnership has been 
647  received in accordance with s. 741.505 and the clerk has not 
648  registered such declaration as required by that section, if a 
649  Certificate of Registered Domestic Partnership has been lost, or 
650  if by reason of death or other cause the certificate cannot be 
651  obtained, the domestic partnership may be proved by affidavit 
652  before any officer authorized to administer oaths made by two 
653  competent witnesses who were present and saw the Declaration of 
654  Domestic Partnership executed under s. 741.505, which affidavit 
655  may be filed and recorded in the office of clerk of the circuit 
656  court from which the marriage license issued or in which the 
657  Declaration of Domestic Partnership was registered, with the 
658  same force and effect as if the proper certificate has been 
659  made, returned, and recorded. 
660         Section 25. For the purpose of incorporating the amendment 
661  made by this act to section 741.28, Florida Statutes, in a 
662  reference thereto, paragraph (b) of subsection (1) of section 
663  921.0024, Florida Statutes, is reenacted to read: 
664         921.0024 Criminal Punishment Code; worksheet computations; 
665  scoresheets.— 
666         (1) 
667                         (b) WORKSHEET KEY: 
668 
669  Legal status points are assessed when any form of legal status 
670  existed at the time the offender committed an offense before the 
671  court for sentencing. Four (4) sentence points are assessed for 
672  an offender’s legal status. 
673 
674  Community sanction violation points are assessed when a 
675  community sanction violation is before the court for sentencing. 
676  Six (6) sentence points are assessed for each community sanction 
677  violation and each successive community sanction violation, 
678  unless any of the following apply: 
679         1. If the community sanction violation includes a new 
680  felony conviction before the sentencing court, twelve (12) 
681  community sanction violation points are assessed for the 
682  violation, and for each successive community sanction violation 
683  involving a new felony conviction. 
684         2. If the community sanction violation is committed by a 
685  violent felony offender of special concern as defined in s. 
686  948.06: 
687         a. Twelve (12) community sanction violation points are 
688  assessed for the violation and for each successive violation of 
689  felony probation or community control where: 
690         (I) The violation does not include a new felony conviction; 
691  and 
692         (II) The community sanction violation is not based solely 
693  on the probationer or offender’s failure to pay costs or fines 
694  or make restitution payments. 
695         b. Twenty-four (24) community sanction violation points are 
696  assessed for the violation and for each successive violation of 
697  felony probation or community control where the violation 
698  includes a new felony conviction. 
699 
700  Multiple counts of community sanction violations before the 
701  sentencing court shall not be a basis for multiplying the 
702  assessment of community sanction violation points. 
703 
704  Prior serious felony points: If the offender has a primary 
705  offense or any additional offense ranked in level 8, level 9, or 
706  level 10, and one or more prior serious felonies, a single 
707  assessment of thirty (30) points shall be added. For purposes of 
708  this section, a prior serious felony is an offense in the 
709  offender’s prior record that is ranked in level 8, level 9, or 
710  level 10 under s. 921.0022 or s. 921.0023 and for which the 
711  offender is serving a sentence of confinement, supervision, or 
712  other sanction or for which the offender’s date of release from 
713  confinement, supervision, or other sanction, whichever is later, 
714  is within 3 years before the date the primary offense or any 
715  additional offense was committed. 
716 
717  Prior capital felony points: If the offender has one or more 
718  prior capital felonies in the offender’s criminal record, points 
719  shall be added to the subtotal sentence points of the offender 
720  equal to twice the number of points the offender receives for 
721  the primary offense and any additional offense. A prior capital 
722  felony in the offender’s criminal record is a previous capital 
723  felony offense for which the offender has entered a plea of nolo 
724  contendere or guilty or has been found guilty; or a felony in 
725  another jurisdiction which is a capital felony in that 
726  jurisdiction, or would be a capital felony if the offense were 
727  committed in this state. 
728 
729  Possession of a firearm, semiautomatic firearm, or machine gun: 
730  If the offender is convicted of committing or attempting to 
731  commit any felony other than those enumerated in s. 775.087(2) 
732  while having in his or her possession: a firearm as defined in 
733  s. 790.001(6), an additional eighteen (18) sentence points are 
734  assessed; or if the offender is convicted of committing or 
735  attempting to commit any felony other than those enumerated in 
736  s. 775.087(3) while having in his or her possession a 
737  semiautomatic firearm as defined in s. 775.087(3) or a machine 
738  gun as defined in s. 790.001(9), an additional twenty-five (25) 
739  sentence points are assessed. 
740 
741  Sentencing multipliers: 
742 
743  Drug trafficking: If the primary offense is drug trafficking 
744  under s. 893.135, the subtotal sentence points are multiplied, 
745  at the discretion of the court, for a level 7 or level 8 
746  offense, by 1.5. The state attorney may move the sentencing 
747  court to reduce or suspend the sentence of a person convicted of 
748  a level 7 or level 8 offense, if the offender provides 
749  substantial assistance as described in s. 893.135(4). 
750 
751  Law enforcement protection: If the primary offense is a 
752  violation of the Law Enforcement Protection Act under s. 
753  775.0823(2), (3), or (4), the subtotal sentence points are 
754  multiplied by 2.5. If the primary offense is a violation of s. 
755  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points 
756  are multiplied by 2.0. If the primary offense is a violation of 
757  s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement 
758  Protection Act under s. 775.0823(10) or (11), the subtotal 
759  sentence points are multiplied by 1.5. 
760 
761  Grand theft of a motor vehicle: If the primary offense is grand 
762  theft of the third degree involving a motor vehicle and in the 
763  offender’s prior record, there are three or more grand thefts of 
764  the third degree involving a motor vehicle, the subtotal 
765  sentence points are multiplied by 1.5. 
766 
767  Offense related to a criminal gang: If the offender is convicted 
768  of the primary offense and committed that offense for the 
769  purpose of benefiting, promoting, or furthering the interests of 
770  a criminal gang as prohibited under s. 874.04, the subtotal 
771  sentence points are multiplied by 1.5. 
772 
773  Domestic violence in the presence of a child: If the offender is 
774  convicted of the primary offense and the primary offense is a 
775  crime of domestic violence, as defined in s. 741.28, which was 
776  committed in the presence of a child under 16 years of age who 
777  is a family or household member as defined in s. 741.28(3) with 
778  the victim or perpetrator, the subtotal sentence points are 
779  multiplied by 1.5. 
780         Section 26. For the purpose of incorporating the amendment 
781  made by this act to section 741.28, Florida Statutes, in a 
782  reference thereto, paragraph (b) of subsection (2) of section 
783  943.171, Florida Statutes, is reenacted to read: 
784         943.171 Basic skills training in handling domestic violence 
785  cases.— 
786         (2) As used in this section, the term: 
787         (b) “Household member” has the meaning set forth in s. 
788  741.28(3). 
789         Section 27. This act shall take effect July 1, 2010.