Bill Text: FL S0232 | 2010 | Regular Session | Introduced
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
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 fundswith whichto 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 fundswhich are generatedshall 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 fortherecording and reporting theof suchfinal 144 judgmentof dissolution of marriageto 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, andnoother forms 214 may notshallbe 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 asmay benecessary 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 the245department. Any marriage licenses or declarations of domestic 246 partnership issued and not returned, orany marriage licenses247 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 courts270shall collect for their servicesAt 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 clerkof the circuit courtas 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 fromthe provisions ofs. 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 mustshallbe in a form consistent with the need to 344 protect the integrity of vital records but mustshallbe 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,ormarriage, or domestic partnership. Fees collected 353 pursuant to this paragraph in excess of expenses shall be used 354available for useby 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 usedavailable for useby 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,ormarriage, 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.