Text of FL H 337 (2011)

HB 337 1A bill to be entitled 2An act relating to domestic partnerships; amending ss. 328.101 and 28.24, F.S.; setting forth fees and costs to be 4applied when petitioning for a dissolution of a domestic 5partnership or registering a domestic partnership, 6respectively; amending s. 97.1031, F.S.; providing notice 7to the supervisor of elections concerning a change of name 8due to participation in a domestic partnership; amending 9s. 382.002, F.S.; defining the term "dissolution of a 10domestic partnership" for purposes of vital records; 11including domestic partnerships and dissolution of 12domestic partnership as vital records in this state; 13conforming cross-references; amending s. 382.003, F.S.; 14requiring the Department of Health to examine all 15certificates of domestic partnership forms and dissolution 16of domestic partnership reports sent from the courts; 17amending s. 382.0085, F.S.; conforming a cross-reference; 18amending s. 382.021, F.S.; requiring the clerk of the 19circuit court to transmit all original declarations of 20domestic partnership to the Department of Health by a 21specified date each month; amending s. 382.022, F.S.; 22requiring the clerk of the circuit court to collect a fee 23after registering a domestic partnership; amending s. 24382.023, F.S.; requiring the clerk of the circuit court to 25collect a fee upon filing a final judgment for a 26dissolution of domestic partnership; amending s. 382.025, 27F.S.; authorizing the Department of Health to issue a 28certified copy of certain vital records to a domestic 29partner; amending s. 382.0255, F.S.; providing that the 30Department of Health is entitled to a specified fee for 31the issuance of a commemorative certificate of domestic 32partnership; amending s. 446.50, F.S.; requiring that 33certain fees relating to declarations of domestic 34partnership and dissolution of domestic partnership 35filings be deposited in the Displaced Homemaker Trust 36Fund; amending s. 741.28, F.S.; redefining the term 37"family or household member" in the context of domestic 38violence to include a domestic partnership; creating s. 39741.501, F.S.; providing legislative findings; creating s. 40741.502, F.S.; defining terms; creating s. 741.503, F.S.; 41requiring the Department of Health to create and 42distribute the Declaration of Domestic Partnership and 43Certificate of Registered Domestic Partnership forms to 44each clerk of the circuit court; requiring the department 45and each clerk of the circuit court to make the 46Declaration of Domestic Partnership form available to the 47public; creating s. 741.504, F.S.; providing that the 48circuit court has jurisdiction over domestic partnership 49proceedings; requiring the clerk of the circuit court to 50maintain a domestic partnership registry; providing that 51the registry is a public record; creating s. 741.505, 52F.S.; requiring two individuals who wish to become 53partners in a domestic partnership to complete and file a 54Declaration of Domestic Partnership form with the clerk of 55the circuit court; specifying the required contents of the 56completed form; providing that each partner who signs the 57form consents to the jurisdiction of the circuit court for 58certain purposes; providing that if a person files an 59intentionally and materially false form, he or she commits 60a misdemeanor of the first degree; providing criminal 61penalties; requiring the clerk of the circuit court to 62register the Declaration of Domestic Partnership in a 63domestic partnership registry and issue a Certificate of 64Registered Domestic Partnership; creating s. 741.506, 65F.S.; authorizing the domestic partners to retain 66surnames; creating s. 741.507, F.S.; providing that any 67privilege or responsibility granted or imposed by statute, 68administrative or court rule, policy, common law, or any 69other law to an individual because the individual is or 70was related to another by marriage, or is a child of 71either of the spouses, is granted on equivalent terms to 72domestic partners or individuals similarly related to 73domestic partners; providing that the act does not require 74or permit the extension of any benefit under a retirement, 75deferred compensation, or other employee benefit plan, if 76the plan administrator reasonably concludes that the 77extension of benefits to partners would conflict with a 78condition for tax qualification of the plan, or a 79condition for other favorable tax treatment of the plan, 80under the Internal Revenue Code; creating s. 741.508, 81F.S.; specifying prohibited or void domestic partnerships; 82creating s. 741.509, F.S.; requiring that the clerk of the 83circuit court collect certain fees for receiving a 84Declaration of Domestic Partnership; authorizing the clerk 85of the circuit court to accept installment payments from 86individuals who are unable to pay the fees in a lump sum; 87creating s. 741.510, F.S.; providing methods to prove the 88existence of a registered Declaration Domestic Partnership 89when the certificate document has been lost or is 90otherwise unavailable; creating s. 741.511, F.S.; 91providing for termination of a domestic partnership; 92providing for notice; providing for the effective date of 93the termination; providing for registration of the 94termination; requiring records of certain terminations to 95be maintained; providing for automatic termination of 96partnership if either party enters into a valid marriage; 97providing for a reasonable fee for termination; reenacting 98ss. 921.0024(1)(b) and 943.171(2)(b), F.S., relating to 99the worksheet form for the Criminal Punishment Code and 100the basic skills training for domestic violence cases, 101respectively, to incorporate the amendments made to s. 102741.28, F.S., in references thereto; providing an 103effective date. 104 105Be It Enacted by the Legislature of the State of Florida: 106 107 Section 1. Section 28.101, Florida Statutes, is amended to 108read: 109 28.101 Petitions and records of dissolution of marriage 110and domestic partnership; additional charges.- 111 (1) When a party petitions for a dissolution of marriage 112or dissolution of domestic partnership, in addition to the 113filing charges in s. 28.241, the clerk shall collect and 114receive: 115 (a) A charge of $5. On a monthly basis, the clerk shall 116transfer the moneys collected pursuant to this paragraph to the 117Department of Revenue for deposit in the Child Welfare Training 118Trust Fund created in s. 402.40. 119 (b) A charge of $5. On a monthly basis, the clerk shall 120transfer the moneys collected pursuant to this paragraph to the 121Department of Revenue for deposit in the Displaced Homemaker 122Trust Fund created in s. 446.50. If a petitioner does not have 123sufficient funds with which to pay this fee and signs an 124affidavit so stating, all or a portion of the fee shall be 125waived subject to a subsequent order of the court relative to 126the payment of the fee. 127 (c) A charge of $55. On a monthly basis, the clerk shall 128transfer the moneys collected pursuant to this paragraph to the 129Department of Revenue for deposit in the Domestic Violence Trust 130Fund. Such funds which are generated shall be directed to the 131Department of Children and Family Services for the specific 132purpose of funding domestic violence centers. 133 (d) A charge of $32.50. On a monthly basis, the clerk 134shall transfer the moneys collected pursuant to this paragraph 135as follows: 136 1. An amount of $7.50 to the Department of Revenue for 137deposit in the Displaced Homemaker Trust Fund. 138 2. An amount of $25 to the Department of Revenue for 139deposit in the General Revenue Fund. 140 (2) Upon receipt of a final judgment of dissolution of 141marriage or dissolution of domestic partnership for filing, and 142in addition to the filing charges in s. 28.241, the clerk may 143collect and receive a service charge of up to $10.50 pursuant to 144s. 382.023 for the recording and reporting the of such final 145judgment of dissolution of marriage to the Department of Health. 146 Section 2. Subsection (23) of section 28.24, Florida 147Statutes, is amended to read: 148 28.24 Service charges by clerk of the circuit court.-The 149clerk of the circuit court shall charge for services rendered by 150the clerk's office in recording documents and instruments and in 151performing the duties enumerated in amounts not to exceed those 152specified in this section. Notwithstanding any other provision 153of this section, the clerk of the circuit court shall provide 154without charge to the state attorney, public defender, guardian 155ad litem, public guardian, attorney ad litem, criminal conflict 156and civil regional counsel, and private court-appointed counsel 157paid by the state, and to the authorized staff acting on behalf 158of each, access to and a copy of any public record, if the 159requesting party is entitled by law to view the exempt or 160confidential record, as maintained by and in the custody of the 161clerk of the circuit court as provided in general law and the 162Florida Rules of Judicial Administration. The clerk of the 163circuit court may provide the requested public record in an 164electronic format in lieu of a paper format when capable of 165being accessed by the requesting entity. 166 167Charges 168 169 (23) Upon receipt of an application for a marriage license 170or a declaration of domestic partnership, for preparing and 171administering of oath; issuing, sealing, and recording of the 172marriage license or registering the domestic partnership; and 173providing a certified copy 30.00 174 Section 3. Subsection (2) of section 97.1031, Florida 175Statutes, is amended to read: 176 97.1031 Notice of change of residence, change of name, or 177change of party affiliation.- 178 (2) When an elector moves from the address named on that 179person's voter registration record to another address in a 180different county but within the state, the elector seeks to 181change party affiliation, or the name of an elector is changed 182by marriage, domestic partnership, or other legal process, the 183elector shall provide notice of such change to a voter 184registration official using a voter registration application 185signed by the elector. A voter information card reflecting the 186new information shall be issued to the elector as provided in 187subsection (3). 188 Section 4. Present subsections (5) through (16) of section 189382.002, Florida Statutes, are renumbered as subsections (6) 190through (17), respectively, a new subsection (5) is added to 191that section, and present subsections (7), (8), and (15) of that 192section are amended, to read: 193 382.002 Definitions.-As used in this chapter, the term: 194 (5) "Dissolution of domestic partnership" includes an 195annulment of domestic partnership. 196 (8)(7) "Final disposition" means the burial, interment, 197cremation, removal from the state, or other authorized 198disposition of a dead body or a fetus as described in subsection 199(7) (6). In the case of cremation, dispersion of ashes or 200cremation residue is considered to occur after final 201disposition; the cremation itself is considered final 202disposition. 203 (9)(8) "Funeral director" means a licensed funeral 204director or direct disposer licensed pursuant to chapter 497 or 205other person who first assumes custody of or effects the final 206disposition of a dead body or a fetus as described in subsection 207(7) (6). 208 (16)(15) "Vital records" or "records" means certificates 209or reports of birth, death, fetal death, marriage, domestic 210partnership, dissolution of marriage or domestic partnership, 211name change filed pursuant to s. 68.07, and data related 212thereto. 213 Section 5. Subsection (7) of section 382.003, Florida 214Statutes, is amended to read: 215 382.003 Powers and duties of the department.-The 216department shall: 217 (7) Approve all forms used in registering, recording, 218certifying, and preserving vital records, or in otherwise 219carrying out the purposes of this chapter, and no other forms 220may not shall be used other than those approved by the 221department. The department is responsible for the careful 222examination of the certificates received monthly from the local 223registrars and marriage certificates, certificates of domestic 224partnership, and dissolution of marriage and domestic 225partnership reports received from the circuit and county courts. 226A certificate that is complete and satisfactory shall be 227accepted and given a state file number and considered a state- 228filed record. If any such certificates are incomplete or 229unsatisfactory, the department shall require further information 230to be supplied as may be necessary to make the record complete 231and satisfactory. All physicians, midwives, informants, or 232funeral directors, and all other persons having knowledge of the 233facts, are required to supply, upon a form approved by the 234department or upon the original certificate, such information as 235they may possess regarding any vital record. 236 Section 6. Subsection (9) of section 382.0085, Florida 237Statutes, is amended to read: 238 382.0085 Stillbirth registration.- 239 (9) This section or s. 382.002(15)(14) may not be used to 240establish, bring, or support a civil cause of action seeking 241damages against any person or entity for bodily injury, personal 242injury, or wrongful death for a stillbirth. 243 Section 7. Section 382.021, Florida Statutes, is amended 244to read: 245 382.021 Department to receive marriage licenses and 246declarations of domestic partnership.-On or before the 5th day 247of each month, the county court judge or clerk of the circuit 248court shall transmit to the department all original marriage 249licenses, with endorsements, and all declarations of domestic 250partnership received during the preceding calendar month, to the 251department. Any marriage licenses or declarations of domestic 252partnership issued and not returned, or any marriage licenses 253returned but not recorded, shall be 254county court judge or clerk of the circuit court to the 255department at the time of transmitting the recorded licenses or 256declarations on the forms to be prescribed and furnished by the 257department. If during any month no marriage licenses or 258declarations of domestic partnership are issued or returned, the 259county court judge or clerk of the circuit court shall report 260such fact to the department upon forms prescribed and furnished 261by the department. 262 Section 8. Section 382.022, Florida Statutes, is amended 263to read: 264 382.022 Marriage application; registration of domestic 265partnership; fees.-Upon the receipt of each application for the 266issuance of a marriage license or registering a domestic 267partnership, the county court judge or clerk of the circuit 268court shall, pursuant to s. 741.02, collect and receive a fee of 269$4 which shall be remitted to the Department of Revenue for 270deposit to the Department of Health to defray part of the cost 271of maintaining marriage and domestic partnership records. 272 Section 9. Section 382.023, Florida Statutes, is amended 273to read: 274 382.023 Department to receive dissolution-of-marriage and 275dissolution-of-domestic-partnership records; fees.-Clerks of the 276circuit courts shall collect for their services At the time of 277the filing of a final judgment of dissolution of marriage or 278dissolution of domestic partnership, the clerk of the circuit 279court shall collect a fee of up to $10.50, of which 43 percent 280shall be retained by the clerk of the circuit court as a part of 281the cost in the cause in which the judgment is granted. The 282remaining 57 percent shall be remitted to the Department of 283Revenue for deposit to the Department of Health to defray part 284of the cost of maintaining the dissolution-of-marriage and 285dissolution-of-domestic-partnership records. A record of each 286and every judgment of dissolution of marriage and dissolution of 287domestic partnership granted by the court during the preceding 288calendar month, giving names of parties and such other data as 289required by forms prescribed by the department, shall be 290transmitted to the department, on or before the 10th day of each 291month, along with an accounting of the funds remitted to the 292Department of Revenue pursuant to this section. 293 Section 10. Paragraph (a) of subsection (1) and paragraphs 294(a) and (c) of subsection (2) of section 382.025, Florida 295Statutes, are amended to read: 296 382.025 Certified copies of vital records; 297confidentiality; research.- 298 (1) BIRTH RECORDS.-Except for birth records over 100 years 299old which are not under seal pursuant to court order, all birth 300records of this state shall be confidential and are exempt from 301the provisions of s. 119.07(1). 302 (a) Certified copies of the original birth certificate or 303a new or amended certificate, or affidavits thereof, are 304confidential and exempt from the provisions of s. 119.07(1) and, 305upon receipt of a request and payment of the fee prescribed in 306s. 382.0255, shall be issued only as authorized by the 307department and in the form prescribed by the department, and 308only: 309 1. To the registrant, if of legal age; 310 2. To the registrant's parent or guardian or other legal 311representative; 312 3. Upon receipt of the registrant's death certificate, to 313the registrant's spouse or domestic partner or to the 314registrant's child, grandchild, or sibling, if of legal age, or 315to the legal representative of any of such persons; 316 4. To any person if the birth record is over 100 years old 317and not under seal pursuant to court order; 318 5. To a law enforcement agency for official purposes; 319 6. To any agency of the state or the United States for 320official purposes upon approval of the department; or 321 7. Upon order of any court of competent jurisdiction. 322 (2) OTHER RECORDS.- 323 (a) The department shall authorize the issuance of a 324certified copy of all or part of any marriage, domestic 325partnership, dissolution of marriage or domestic partnership, or 326death or fetal death certificate, excluding that portion which 327is confidential and exempt from the provisions of s. 119.07(1) 328as provided under s. 382.008, to any person requesting it upon 329receipt of a request and payment of the fee prescribed by this 330section. A certification of the death or fetal death certificate 331which includes the confidential portions shall be issued only: 332 1. To the registrant's spouse, domestic partner, or 333parent, or to the registrant's child, grandchild, or sibling, if 334of legal age, or to any person who provides a will that has been 335executed pursuant to s. 732.502, insurance policy, or other 336document that demonstrates his or her interest in the estate of 337the registrant, or to any person who provides documentation that 338he or she is acting on behalf of any of them; 339 2. To any agency of the state or local government or the 340United States for official purposes upon approval of the 341department; or 342 3. Upon order of any court of competent jurisdiction. 343 (c) The department shall issue, upon request and upon 344payment of an additional fee prescribed by this section, a 345commemorative marriage license or certificate of domestic 346partnership representing that the marriage or domestic 347partnership of the persons named thereon is recorded in the 348office of the registrar. The certificate issued under this 349paragraph must shall be in a form consistent with the need to 350protect the integrity of vital records but must shall be 351suitable for display. It may bear the seal of the state printed 352thereon and may be signed by the Governor. 353 Section 11. Paragraph (i) of subsection (1) of section 354382.0255, Florida Statutes, is amended to read: 355 382.0255 Fees.- 356 (1) The department is entitled to fees, as follows: 357 (i) Twenty-five dollars for a commemorative certificate of 358birth, or marriage, or domestic partnership. Fees collected 359pursuant to this paragraph in excess of expenses shall be used 360available for use by the Regional Perinatal Intensive Care 361Centers (RPICC) Program to prevent child abuse and neglect. 362Funds derived from the issuance of commemorative marriage 363certificates shall be used available for use by the Improved 364Pregnancy Outcome Program. 365 Section 12. Paragraph (b) of subsection (5) of section 366446.50, Florida Statutes, is amended to read: 367 446.50 Displaced homemakers; multiservice programs; report 368to the Legislature; Displaced Homemaker Trust Fund created.- 369 (5) DISPLACED HOMEMAKER TRUST FUND.- 370 (b) The trust fund shall receive funds generated from an 371additional fee on marriage license applications, declarations of 372domestic partnerships, and dissolution of marriage and domestic 373partnership filings as specified in ss. 741.01(3), 741.509, and 37428.101, respectively, and may receive funds from any other 375public or private source. 376 Section 13. Subsection (3) of section 741.28, Florida 377Statutes, is amended to read: 378 741.28 Domestic violence; definitions.-As used in ss. 379741.28-741.31: 380 (3) "Family or household member" means spouses;, former 381spouses;, persons related by blood, or marriage, or domestic 382partnership; persons who are presently residing together as if a 383family or who have resided together in the past as if a family;, 384and persons who are parents of a child in common regardless of 385whether they have been married. With the exception of persons 386who have a child in common, the family or household members must 387be currently residing or have in the past resided together in 388the same single dwelling unit. 389 Section 14. Section 741.501, Florida Statutes, is created 390to read: 391 741.501 Legislative findings.-The Legislature finds that: 392 (1) There are a significant number of individuals in this 393state who live together in important, personal, emotional, and 394economically committed relationships. Together, these 395individuals live, serve, and participate in the community, and 396often rear children and care for family members. 397 (2) These familial relationships, often referred to as 398domestic partnerships, assist the state by providing a private 399network of support for the financial, physical, and emotional 400health of their participants. 401 (3) The state has a strong interest in promoting stable 402and lasting families, and believes that all families should be 403provided with the opportunity to obtain necessary legal 404protections and status and the ability to achieve their fullest 405potential. 406 (4) While some public and private institutions recognize 407domestic partnerships for limited purposes such as health 408benefits, hospital visitation, and medical decisionmaking for an 409incapacitated family member, many do not. Historically, legal 410recognition of marriage by the state is the primary and, in a 411number of instances, the exclusive source of numerous rights, 412benefits, and responsibilities available to families under the 413laws of this state. 414 (5) The status of marriage in this state is limited by 415Art. I of the State Constitution to the union of one man and one 416woman and the Legislature does not seek to alter the definition 417of marriage in any way. The Legislature also finds, however, 418that recognition of domestic partnerships can provide an 419alternative mechanism for extending certain important rights and 420responsibilities to individuals who choose to form long-term, 421mutually supportive relationships. Such recognition will provide 422support to these familial relationships without affecting the 423definition of marriage, without creating or recognizing a legal 424relationship that is the substantial equivalent of marriage, and 425without affecting restrictions contained in federal law. 426 (6) The decision to offer or seek a ceremony or blessing 427over the domestic partnership should be left to the dictates of 428each religious faith and to the preferences of the persons 429entering into the partnership. Sections 741.501-741.511 do not 430require performance of any solemnization ceremony to enter into 431a binding domestic partnership agreement and do not interfere 432with the right of each religious faith to choose freely to whom 433to grant the religious status, sacrament, or blessing of 434marriage under the rules and practices of that faith. 435 (7) Because of the material and other support that these 436familial relationships provide to their participants, these 437relationships should be formally recognized and made uniform by 438law. Therefore, the Legislature declares that it is the policy 439of this state to establish and define the rights and 440responsibilities of domestic partners. 441 Section 15. Section 741.502, Florida Statutes, is created 442to read: 443 741.502 Definitions.-As used in ss. 741.501-741.511, the 444term: 445 (1) "Department" means the Department of Health. 446 (2) "Domestic partnership" means a civil contract entered 447into between two individuals who are 18 years of age or older 448and otherwise capable, of which at least one of whom is a 449resident of this state. 450 (3) "Partner" means an individual joined in a domestic 451partnership. 452 Section 16. Section 741.503, Florida Statutes, is created 453to read: 454 741.503 Forms.- 455 (1) Pursuant to s. 382.003(7), the department shall 456prepare forms entitled: 457 (a) "Declaration of Domestic Partnership" which meets the 458requirements of s. 741.505. 459 (b) "Certificate of Registered Domestic Partnership." 460 (2) The department shall distribute the Declaration of 461Domestic Partnership and Certificate of Registered Domestic 462Partnership forms to each clerk of the circuit court. The 463department and each clerk shall make the Declaration of Domestic 464Partnership form available to the public. 465 Section 17. Section 741.504, Florida Statutes, is created 466to read: 467 741.504 Court jurisdiction and duties; registry.- 468 (1) The circuit court has jurisdiction over any proceeding 469relating to the domestic partners' rights and obligations. 470 (2) Each clerk of the circuit court shall maintain a 471registry of all domestic partnerships entered into in that 472circuit and a record of all certificates of domestic partnership 473issued which includes the names of the partners and the date of 474issuance. 475 (3) Notwithstanding s. 382.025 or any other law, the 476registry of domestic partnerships maintained by a clerk of the 477circuit court is a public record and subject to full disclosure. 478 Section 18. Section 741.505, Florida Statutes, is created 479to read: 480 741.505 Domestic partnership requirements.- 481 (1) Two individuals wishing to become partners in a 482domestic partnership recognized by this state must complete and 483file a Declaration of Domestic Partnership form with a clerk of 484the circuit court. The declaration must include: 485 (a) A statement attesting that each individual is 18 years 486of age or older and is otherwise capable of entering into a 487domestic partnership. The clerk may accept any reasonable proof 488of an individual's age which is satisfactory to the clerk. The 489clerk may also require proof of age by affidavit of some 490individual other than the parties seeking to file the form if 491the clerk deems it necessary. 492 (b) A statement attesting that at least one of the 493individuals is a resident of this state. 494 (c) Each individual's mailing address. 495 (d) A statement attesting that each individual consents to 496the jurisdiction of the circuit courts of this state for any 497proceeding relating to the partners' rights and obligations, 498even if one or both partners cease to reside or maintain a 499domicile in this state. 500 (e) The notarized signature of each individual, along with 501a declaration that the representations made on the form are 502true, correct, and contain no material omissions of fact to the 503best knowledge and belief of the each individual. 504 (2) Notwithstanding s. 61.021, each person signing a 505Declaration of Domestic Partnership form consents to the 506jurisdiction of the circuit courts of this state for any 507proceeding related to the partners' rights and obligations, even 508if one or both partners cease to reside or maintain a domicile 509in this state. 510 (3) A person who provides intentionally and materially 511false information on a Declaration of Domestic Partnership form 512with the clerk of court commits a misdemeanor of the first 513degree, punishable as provided in s. 775.082 or s. 775.083. 514 (4) If all legal requirements have been satisfied and 515there appears to be no impediment to the domestic partnership, 516the clerk of the circuit court shall: 517 (a) Return a copy of the registered form to the partners; 518 (b) Register the Declaration of Domestic Partnership in a 519domestic partnership registry; and 520 (c) Issue a Certificate of Registered Domestic Partnership 521under his or her hand and seal to the partners in person or at 522the mailing address provided by the partners. 523 Section 19. Section 741.506, Florida Statutes, is created 524to read: 525 741.506 Domestic partnership; name change.-Upon entering 526into a domestic partnership, a partner may retain his or her 527previous surname, or, if changed, may resume the previous legal 528name during the domestic partnership. 529 Section 20. Section 741.507, Florida Statutes, is created 530to read: 531 741.507 Domestic partnership; rights and responsibilities; 532relationship to federal law.- 533 (1) Any privilege, immunity, right, or benefit granted by 534statute, administrative or court rule, policy, common law, or 535any other law to an individual because the individual is or was 536related to another individual by marriage as an in-law is 537granted on equivalent terms, substantive and procedural, to an 538individual who is or was in a domestic partnership or who is or 539was similarly related as an in-law to an individual 540participating in a domestic partnership. 541 (2) Any responsibility imposed by statute, administrative 542or court rule, policy, common law, or any other law on an 543individual because the individual is or was related to another 544individual by marriage as an in-law is imposed on equivalent 545terms, substantive and procedural, on an individual who is or 546was in a domestic partnership or who is or was similarly related 547as an in-law to an individual participating in a domestic 548partnership. 549 (3) Any privilege, immunity, right, benefit, or 550responsibility granted to or imposed by statute, administrative 551or court rule, policy, common law, or any other law on a spouse 552with respect to a child of either of the spouses is granted to 553or imposed on equivalent terms, substantive and procedural, on 554an individual in a domestic partnership with respect to a child 555of either of the partners. 556 (4) Any privilege, immunity, right, benefit, or 557responsibility granted or imposed by statute, administrative or 558court rule, policy, common law, or any other law to or on a 559former or surviving spouse with respect to a child of either of 560the spouses is granted to or imposed on equivalent terms, 561substantive and procedural, on a former or surviving partner 562with respect to a child of either of the partners. 563 (5) For purposes of administering the tax laws of this 564state, partners in a domestic partnership, surviving partners of 565a domestic partnership, and the children of partners in a 566domestic partnership have the same privileges, immunities, 567rights, benefits, and responsibilities as are granted to or 568imposed on spouses in a marriage, surviving spouses, and their 569children. 570 (6) Many of the laws of this state are intertwined with 571federal law, and the Legislature recognizes that it does not 572have the jurisdiction to control or implement federal laws or 573the privileges, immunities, rights, benefits, and 574responsibilities related to federal laws. 575 (7) Sections 741.502-741.511 do not require or permit the 576extension of any benefit under any retirement, deferred 577compensation, or other employee benefit plan, if the plan 578administrator reasonably concludes that the extension of 579benefits would conflict with a condition for the tax 580qualification of the plan, or a condition for other favorable 581tax treatment of the plan, under the Internal Revenue Code or 582adopted regulations. 583 (8) Sections 741.502-741.511 do not require the extension 584of any benefit under any employee benefit plan that is subject 585to federal regulation under the Employee Retirement Income 586Security Act of 1974. 587 Section 21. Section 741.508, Florida Statutes, is created 588to read: 589 741.508 Domestic partnerships prohibited and void.- 590 (1) The following domestic partnerships are prohibited and 591void: 592 (a) If either party to the domestic partnership currently 593has a different partner, or a wife or husband recognized by this 594state, living at the time of entering into the domestic 595partnership. 596 (b) If the parties to the domestic partnership are related 597by lineal consanguinity or are siblings, or if one party is the 598niece or nephew of the other party. 599 (c) If either party to a domestic partnership is incapable 600of making the civil contract or consenting to the contract for 601want of legal age or sufficient understanding. 602 (2) If the consent of either party is obtained by force or 603fraud, the domestic partnership is void from the time it is so 604declared by a judgment of a court having jurisdiction of the 605domestic partnership. 606 (3) An individual who has filed a Declaration of Domestic 607Partnership form may not file a new Declaration of Domestic 608Partnership form or enter a marriage recognized in this state 609with someone other than the individual's registered partner 610unless a judgment of dissolution or annulment of the most recent 611domestic partnership has been entered. This prohibition does not 612apply if the previous domestic partnership ended because one of 613the partners died. 614 Section 22. Section 741.509, Florida Statutes, is created 615to read: 616 741.509 Fees.- 617 (1) The clerk of the circuit court shall collect and 618receive a fee of $2 for receiving a Declaration of Domestic 619Partnership form completed in accordance with s. 741.505. In 620addition: 621 (a) A fee of $25 shall be collected and deposited in the 622Domestic Violence Trust Fund for the purposes provided in s. 623741.01(2). 624 (b) A fee of $7.50 shall be collected for deposit in the 625Displaced Homemaker Trust Fund created in s. 446.50. 626 (c) A fee of $25 shall be collected and remitted to the 627Department of Revenue for deposit, monthly, into the General 628Revenue Fund. 629 (d) A fee of $4 shall be collected and distributed as 630provided in s. 382.022. 631 (2) An applicant for a Certificate of Registered Domestic 632Partnership who is unable to pay the fees required under 633subsection (1) in a lump sum may make payment in not more than 634three installments over a period of 90 days. The clerk shall 635accept installment payments upon receipt of an affidavit that 636the applicant is unable to pay the fees in a lump-sum payment. 637Upon receipt of the third or final installment payment, the 638Declaration of Domestic Partnership shall be deemed filed, and 639the clerk shall issue the Certificate of Registered Domestic 640Partnership and distribute the fees as appropriate. If the fee 641is paid in installments, the clerk shall retain $1 from the 642additional fee imposed pursuant to paragraph (1)(c) as a 643processing fee. 644 Section 23. Section 741.510, Florida Statutes, is created 645to read: 646 741.510 Proof domestic partnership where certificate is 647not available.-If a Declaration of Domestic Partnership has been 648received in accordance with s. 741.505 and the clerk has not 649registered such declaration as required by that section, if a 650Certificate of Registered Domestic Partnership has been lost, or 651if by reason of death or other cause the certificate cannot be 652obtained, the domestic partnership may be proved by affidavit 653before any officer authorized to administer oaths made by two 654competent witnesses who were present and saw the Declaration of 655Domestic Partnership executed under s. 741.505, which affidavit 656may be filed and recorded in the office of clerk of the circuit 657in which the Declaration of Domestic Partnership was registered, 658with the same force and effect as if the proper certificate has 659been made, returned, and recorded. 660 Section 24. Section 741.511, Florida Statutes, is created 661to read: 662 741.511 Termination of partnership.- 663 (1)(a) A party to a state-registered domestic partnership 664may terminate the relationship by filing a notice of termination 665of the state-registered domestic partnership with the department 666and paying the filing fee established under subsection (5). The 667notice must be signed by one or both parties and notarized. If 668the notice is not signed by both parties, the party seeking 669termination must also file with the department an affidavit 670stating either that the other party has been served in writing 671in the manner prescribed for the service of summons in a civil 672action, that a notice of termination is being filed, or that the 673party seeking termination has not been able to find the other 674party after reasonable effort and that notice has been made by 675publication pursuant to paragraph (b). 676 (b) When the other party cannot be found after reasonable 677effort, the party seeking termination may provide notice by 678publication as provided in chapter 50 in the county in which the 679residence most recently shared by the domestic partners is 680located. Notice must be published at least once. 681 (2) The state registered domestic partnership shall be 682terminated effective 90 days after the date of filing the notice 683of termination and payment of the filing fee. 684 (3) Upon receipt of a signed, notarized notice of 685termination, affidavit, if required, and the filing fee, the 686department shall register the notice of termination and provide 687a certificate of termination of the state-registered domestic 688partnership to each party named on the notice. The department 689shall maintain a record of each notice of termination filed with 690it and each certificate of termination issued by it. The 691department shall maintain records of terminations of state- 692registered domestic partnerships, except for those state- 693registered domestic partnerships terminated under subsection 694(4). 695 (4) A state-registered domestic partnership is 696automatically terminated if, subsequent to the registration of 697the domestic partnership with the department, either party or 698both parties enter into a marriage that is recognized as valid 699in this state, either with each other or with another person. 700 (5) The department shall collect a reasonable fee for 701filing the declaration set by rule calculated to cover the 702department's costs, but not to exceed $50. Fees collected under 703this section shall be deposited in the department's 704Administrative Trust Fund. 705 Section 25. For the purpose of incorporating the amendment 706made by this act to section 741.28, Florida Statutes, in a 707reference thereto, paragraph (b) of subsection (1) of section 708921.0024, Florida Statutes, is reenacted to read: 709 921.0024 Criminal Punishment Code; worksheet computations; 710scoresheets.- 711 (1) 712(b) WORKSHEET KEY: 713 714Legal status points are assessed when any form of legal status 715existed at the time the offender committed an offense before the 716court for sentencing. Four (4) sentence points are assessed for 717an offender's legal status. 718 719Community sanction violation points are assessed when a 720community sanction violation is before the court for sentencing. 721Six (6) sentence points are assessed for each community sanction 722violation and each successive community sanction violation, 723unless any of the following apply: 724 1. If the community sanction violation includes a new 725felony conviction before the sentencing court, twelve (12) 726community sanction violation points are assessed for the 727violation, and for each successive community sanction violation 728involving a new felony conviction. 729 2. If the community sanction violation is committed by a 730violent felony offender of special concern as defined in s. 731948.06: 732 a. Twelve (12) community sanction violation points are 733assessed for the violation and for each successive violation of 734felony probation or community control where: 735 (I) The violation does not include a new felony 736conviction; and 737 (II) The community sanction violation is not based solely 738on the probationer or offender's failure to pay costs or fines 739or make restitution payments. 740 b. Twenty-four (24) community sanction violation points 741are assessed for the violation and for each successive violation 742of felony probation or community control where the violation 743includes a new felony conviction. 744 745Multiple counts of community sanction violations before the 746sentencing court shall not be a basis for multiplying the 747assessment of community sanction violation points. 748 749Prior serious felony points: If the offender has a primary 750offense or any additional offense ranked in level 8, level 9, or 751level 10, and one or more prior serious felonies, a single 752assessment of thirty (30) points shall be added. For purposes of 753this section, a prior serious felony is an offense in the 754offender's prior record that is ranked in level 8, level 9, or 755level 10 under s. 921.0022 or s. 921.0023 and for which the 756offender is serving a sentence of confinement, supervision, or 757other sanction or for which the offender's date of release from 758confinement, supervision, or other sanction, whichever is later, 759is within 3 years before the date the primary offense or any 760additional offense was committed. 761 762Prior capital felony points: If the offender has one or more 763prior capital felonies in the offender's criminal record, points 764shall be added to the subtotal sentence points of the offender 765equal to twice the number of points the offender receives for 766the primary offense and any additional offense. A prior capital 767felony in the offender's criminal record is a previous capital 768felony offense for which the offender has entered a plea of nolo 769contendere or guilty or has been found guilty; or a felony in 770another jurisdiction which is a capital felony in that 771jurisdiction, or would be a capital felony if the offense were 772committed in this state. 773 774Possession of a firearm, semiautomatic firearm, or machine gun: 775If the offender is convicted of committing or attempting to 776commit any felony other than those enumerated in s. 775.087(2) 777while having in his or her possession: a firearm as defined in 778s. 790.001(6), an additional eighteen (18) sentence points are 779assessed; or if the offender is convicted of committing or 780attempting to commit any felony other than those enumerated in 781s. 775.087(3) while having in his or her possession a 782semiautomatic firearm as defined in s. 775.087(3) or a machine 783gun as defined in s. 790.001(9), an additional twenty-five (25) 784sentence points are assessed. 785 786Sentencing multipliers: 787 788Drug trafficking: If the primary offense is drug trafficking 789under s. 893.135, the subtotal sentence points are multiplied, 790at the discretion of the court, for a level 7 or level 8 791offense, by 1.5. The state attorney may move the sentencing 792court to reduce or suspend the sentence of a person convicted of 793a level 7 or level 8 offense, if the offender provides 794substantial assistance as described in s. 893.135(4). 795 796Law enforcement protection: If the primary offense is a 797violation of the Law Enforcement Protection Act under s. 798775.0823(2), (3), or (4), the subtotal sentence points are 799multiplied by 2.5. If the primary offense is a violation of s. 800775.0823(5), (6), (7), (8), or (9), the subtotal sentence points 801are multiplied by 2.0. If the primary offense is a violation of 802s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement 803Protection Act under s. 775.0823(10) or (11), the subtotal 804sentence points are multiplied by 1.5. 805 806Grand theft of a motor vehicle: If the primary offense is grand 807theft of the third degree involving a motor vehicle and in the 808offender's prior record, there are three or more grand thefts of 809the third degree involving a motor vehicle, the subtotal 810sentence points are multiplied by 1.5. 811 812Offense related to a criminal gang: If the offender is convicted 813of the primary offense and committed that offense for the 814purpose of benefiting, promoting, or furthering the interests of 815a criminal gang as prohibited under s. 874.04, the subtotal 816sentence points are multiplied by 1.5. 817 818Domestic violence in the presence of a child: If the offender is 819convicted of the primary offense and the primary offense is a 820crime of domestic violence, as defined in s. 741.28, which was 821committed in the presence of a child under 16 years of age who 822is a family or household member as defined in s. 741.28(3) with 823the victim or perpetrator, the subtotal sentence points are 824multiplied by 1.5. 825 Section 26. For the purpose of incorporating the amendment 826made by this act to section 741.28, Florida Statutes, in a 827reference thereto, paragraph (b) of subsection (2) of section 828943.171, Florida Statutes, is reenacted to read: 829 943.171 Basic skills training in handling domestic 830violence cases.- 831 (2) As used in this section, the term: 832 (b) "Household member" has the meaning set forth in s. 833741.28(3). 834 Section 27. This act shall take effect July 1, 2011. CODING: Words stricken are deletions; words underlined are additions.