December 10, 2019
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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         220.121Application 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         741.501Legislative 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         741.502Definitions.—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         741.503Forms.—
  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         741.504Court 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         741.505Domestic 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         741.506Domestic 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         741.507Domestic 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         741.508Domestic 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         741.509Fees.—
  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         741.510Proof 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.

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