reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 740 - Fiduciary Access to Digital Assets › 740.07 - Relation to Electronic Signatures in Global and National Commerce Act.

740.07 Relation to Electronic Signatures in Global and National Commerce Act.—This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. ss. 7001 et seq., but does not modify, limit, or supersede s. 101(c) of that act, 15 U.S.C. s. 7001(c), or authorize electronic delivery of any of the notices described in s. 103(b) of that act, 15 U.S.C. s. 7003(b).
History.—s. 17, ch. 2016-46.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 740 - Fiduciary Access to Digital Assets › 740.08 - Applicability.

740.08 Applicability.—
(1) Subject to subsection (3), this chapter applies to:
(a) A fiduciary acting under a will, trust, or power of attorney executed before, on, or after July 1, 2016;
(b) A personal representative acting for a decedent who died before, on, or after July 1, 2016;
(c) A guardian appointed through a guardianship proceeding, whether pending in a court or commenced before, on, or after July 1, 2016; and
(d) A trustee acting under a trust created before, on, or after July 1, 2016.
(2) This chapter applies to a custodian if the user resides in this state or resided in this state at the time of the user’s death.
(3) This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer’s business.
History.—s. 18, ch. 2016-46.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 740 - Fiduciary Access to Digital Assets › 740.09 - Severability.

740.09 Severability.—If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
History.—s. 19, ch. 2016-46.
2023 Florida Statutes › Title XLII - Estates and Trusts › Chapter 740 - Fiduciary Access to Digital Assets › 740.11 - Relation to Wills.

740.11 Relation to wills.—No act taken pursuant to this chapter is valid to affect the obligation of a person to deposit a will of a decedent as required under s. 732.901.
History.—s. 39, ch. 2019-71.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.011 - Installment Payments.

741.011 Installment payments.—An applicant for a marriage license who is unable to pay the fees required under s. 741.01 in a lump sum may make payment in not more than three installments over a period of 90 days. The clerk shall accept installment payments upon receipt of an affidavit that the applicant is unable to pay the fees in a lump-sum payment. Upon receipt of the third or final installment payment, the marriage license application shall be deemed filed, and the clerk shall issue the marriage license to the applicant and distribute the fees as provided in s. 741.01. In the event that the marriage license fee is paid in installments, the clerk shall retain $1 from the additional fee imposed pursuant to s. 741.01(3), as a processing fee.
History.—s. 3, ch. 94-222; s. 12, ch. 2017-233.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.02 - Additional Fee.

741.02 Additional fee.—Upon the receipt of each application for the issuance of a marriage license, the county court judge or clerk of the circuit court shall, in addition to the fee allowed by s. 741.01, collect and receive an additional fee of $4, to be distributed as provided by s. 382.022.
History.—s. 1, ch. 11869, 1927; CGL 5851; s. 7, ch. 22000, 1943; s. 1, ch. 67-520; s. 28, ch. 73-334; s. 1, ch. 74-372; s. 31, ch. 87-387; s. 6, ch. 88-98.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.03 - County Court Judge or Clerk of the Circuit Court Not to Send Out Marriage License Signed in Blank.

741.03 County court judge or clerk of the circuit court not to send out marriage license signed in blank.—It is unlawful for any county court judge or clerk of the circuit court in the state to send out of his or her office any marriage license signed in blank to be issued upon application to persons not in the office of the county court judge or clerk of the circuit court.
History.—s. 1, ch. 7828, 1919; CGL 5849; s. 28, ch. 73-334; s. 1, ch. 74-372; s. 1056, ch. 97-102.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.0306 - Creation of a Family Law Handbook.

741.0306 Creation of a family law handbook.—
(1) Based upon their willingness to undertake this project, there shall be created by the Family Law Section of The Florida Bar a handbook explaining those sections of Florida law pertaining to the rights and responsibilities under Florida law of marital partners to each other and to their children, both during a marriage and upon dissolution. The material in the handbook or other suitable electronic media shall be reviewed for accuracy by the Family Court Steering Committee of the Florida Supreme Court prior to publication and distribution.
(2) Such handbooks shall be available from the clerk of the circuit court upon application for a marriage license. The clerks may also make the information in the handbook available on videotape or other electronic media and are encouraged to provide a list of course providers and sites at which marriage and relationship skill-building classes are available.
(3) The information contained in the handbook or other electronic media presentation may be reviewed and updated annually, and may include, but need not be limited to:
(a) Prenuptial agreements; as a contract and as an opportunity to structure financial arrangements and other aspects of the marital relationship.
(b) Shared parental responsibility for children and the determination of a parenting plan, including a time-sharing schedule.
(c) Permanent relocation restrictions.
(d) Child support for minor children; both parents are obligated for support in accordance with the applicable child support guidelines schedule.
(e) Property rights, including equitable distribution, premarital property, and nonmarital property.
(f) Alimony, including temporary, durational, rehabilitative, and lump sum.
(g) Domestic violence and child abuse and neglect, including penalties and other ramifications of false reporting.
(h) Court process for dissolution with or without legal assistance, including who may attend, the recording of proceedings, how to access those records, and the cost of such access.
(i) Parent education course requirements for divorcing parents with children.
(j) Community resources that are available for separating or divorcing persons and their children.
(k) Women’s rights specified in the Battered Women’s Bill of Rights.
(4) The material contained in such a handbook may also be provided through videotape or other suitable electronic media. The information contained in the handbook or other electronic media presentation shall be reviewed and updated annually.
History.—s. 7, ch. 98-403; s. 2, ch. 2008-46; s. 34, ch. 2008-61; s. 88, ch. 2018-110; s. 4, ch. 2023-315.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.041 - Marriage License Application Valid for 60 Days.

741.041 Marriage license application valid for 60 days.—Marriage licenses shall be valid only for a period of 60 days after issuance, and no person shall perform any ceremony of marriage after the expiration date of such license. The county court judge or clerk of the circuit court shall recite on each marriage license the final date that the license is valid.
History.—s. 2, ch. 77-139; s. 279, ch. 79-400; s. 113, ch. 97-237.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.05 - Penalty for Violation of S. 741.03 or S. 741.04(2).

741.05 Penalty for violation of s. 741.03 or s. 741.04(2).—Any county court judge, clerk of the circuit court, or other person who violates s. 741.03 or s. 741.04(2) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 3, ch. 7828, 1919; CGL 7517; s. 692, ch. 71-136; s. 28, ch. 73-334; s. 1, ch. 74-372; s. 10, ch. 98-403; s. 3, ch. 2018-81.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.07 - Persons Authorized to Solemnize Matrimony.

741.07 Persons authorized to solemnize matrimony.—
(1) All regularly ordained ministers of the gospel or elders in communion with some church, or other ordained clergy, and all judicial officers, including retired judicial officers, clerks of the circuit courts, and notaries public of this state may solemnize the rights of matrimonial contract, under the regulations prescribed by law. Nothing in this section shall make invalid a marriage which was solemnized by any member of the clergy, or as otherwise provided by law prior to July 1, 1978.
(2) Any marriage which may be had and solemnized among the people called “Quakers,” or “Friends,” in the manner and form used or practiced in their societies, according to their rites and ceremonies, shall be good and valid in law; and wherever the words “minister” and “elder” are used in this chapter, they shall be held to include all of the persons connected with the Society of Friends, or Quakers, who perform or have charge of the marriage ceremony according to their rites and ceremonies.
History.—s. 1, Nov. 2, 1829; s. 2, ch. 1127, 1861; RS 2056; GS 2575; RGS 3934; CGL 5853; s. 1, ch. 28104, 1953; s. 1, ch. 74-372; s. 1, ch. 78-15; s. 34, ch. 95-401.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.08 - Marriage Not to Be Solemnized Without a License.

741.08 Marriage not to be solemnized without a license.—Before any of the persons named in s. 741.07 shall solemnize any marriage, he or she shall require of the parties a marriage license issued according to the requirements of s. 741.01, and within 10 days after solemnizing the marriage he or she shall make a certificate thereof on the license, and shall transmit the same to the office of the county court judge or clerk of the circuit court from which it issued.
History.—ss. 2, 3, Nov. 2, 1829; s. 1, ch. 3890, 1889; RS 2057; GS 2576; RGS 3935; CGL 5854; s. 28, ch. 73-334; s. 1, ch. 74-372; s. 1059, ch. 97-102.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.09 - Record of License and Certificate.

741.09 Record of license and certificate.—The county court judge and clerk of the circuit court shall keep a correct record of all marriage licenses issued, with the names of the parties and the date of issuing, and upon the return of the license and certificate shall enter therein the name of the person solemnizing the marriage and the date of marriage.
History.—s. 3, Nov. 2, 1829; s. 1, ch. 3890, 1889; RS 2058; GS 2577; RGS 3936; CGL 5855; s. 28, ch. 73-334; s. 1, ch. 74-372; s. 10, ch. 99-259.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.10 - Proof of Marriage Where No Certificate Available.

741.10 Proof of marriage where no certificate available.—When any marriage is or has been solemnized by any of the persons named in s. 741.07, and such person has not made a certificate thereof on the marriage license as required by s. 741.08, or when the marriage license has been lost, or when by reason of death or other cause the proper certificate cannot be obtained, the marriage may be proved by affidavit before any officer authorized to administer oaths made by two competent witnesses who were present and saw the marriage ceremony performed, which affidavit may be filed and recorded in the office of the county court judge or clerk of the circuit court from which the marriage license issued, with the same force and effect as in cases in which the proper certificate has been made, returned and recorded.
History.—s. 1, ch. 3126, 1879; RS 2059; GS 2578; RGS 3937; CGL 5856; s. 28, ch. 73-334; s. 1, ch. 74-372.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.21 - Incestuous Marriages Prohibited.

741.21 Incestuous marriages prohibited.—A man may not marry any woman to whom he is related by lineal consanguinity, nor his sister, nor his aunt, nor his niece. A woman may not marry any man to whom she is related by lineal consanguinity, nor her brother, nor her uncle, nor her nephew.
History.—RS 2602; GS 3525; RGS 5415; CGL 7558.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.211 - Common-Law Marriages Void.

741.211 Common-law marriages void.—No common-law marriage entered into after January 1, 1968, shall be valid, except that nothing contained in this section shall affect any marriage which, though otherwise defective, was entered into by the party asserting such marriage in good faith and in substantial compliance with this chapter.
History.—s. 1, ch. 67-571.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.212 - Marriages Between Persons of the Same Sex.

741.212 Marriages between persons of the same sex.—
(1) Marriages between persons of the same sex entered into in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or location, or relationships between persons of the same sex which are treated as marriages in any jurisdiction, whether within or outside the State of Florida, the United States, or any other jurisdiction, either domestic or foreign, or any other place or location, are not recognized for any purpose in this state.
(2) The state, its agencies, and its political subdivisions may not give effect to any public act, record, or judicial proceeding of any state, territory, possession, or tribe of the United States or of any other jurisdiction, either domestic or foreign, or any other place or location respecting either a marriage or relationship not recognized under subsection (1) or a claim arising from such a marriage or relationship.
(3) For purposes of interpreting any state statute or rule, the term “marriage” means only a legal union between one man and one woman as husband and wife, and the term “spouse” applies only to a member of such a union.
History.—s. 1, ch. 97-268.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.23 - Husband Not Liable for Wife’s Torts.

741.23 Husband not liable for wife’s torts.—The common-law rule whereby a husband is liable for the torts of his wife is hereby abrogated.
History.—s. 1, ch. 26829, 1951.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.235 - Doctrine of Interspousal Tort Immunity Abrogated.

741.235 Doctrine of interspousal tort immunity abrogated.—The common-law doctrine of interspousal tort immunity is hereby abrogated with regard to the intentional tort of battery, and the ability of a person to sue another person for the intentional tort of battery shall not be affected by any marital relationship between the persons.
History.—s. 1, ch. 85-328.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.24 - Civil Action Against Parents; Willful Destruction or Theft of Property by Minor.

741.24 Civil action against parents; willful destruction or theft of property by minor.—
(1) Any municipal corporation, county, school district, or department of Florida; any person, partnership, corporation, or association; or any religious organization, whether incorporated or unincorporated, shall be entitled to recover damages in an appropriate action at law, in a court of competent jurisdiction, from the parents of any minor under the age of 18 years, living with the parents, who maliciously or willfully destroys or steals property, real, personal, or mixed, belonging to such municipal corporation, county, school district, department of the state, person, partnership, corporation, association, or religious organization.
(2) The recovery shall be limited to the actual damages in addition to taxable court costs.
History.—ss. 1, 2, ch. 31400, 1956; s. 40, ch. 67-254; s. 1, ch. 67-404; s. 1, ch. 77-366; s. 280, ch. 79-400; s. 36, ch. 88-381.
Note.—Former s. 45.20.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.28 - Domestic Violence; Definitions.

741.28 Domestic violence; definitions.—As used in ss. 741.28-741.31:
(1) “Department” means the Florida Department of Law Enforcement.
(2) “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.
(3) “Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.
(4) “Law enforcement officer” means any person who is elected, appointed, or employed by any municipality or the state or any political subdivision thereof who meets the minimum qualifications established in s. 943.13 and is certified as a law enforcement officer under s. 943.1395.
History.—s. 1, ch. 94-134; s. 1, ch. 94-135; s. 1, ch. 95-195; s. 4, ch. 97-155; s. 9, ch. 2002-55.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.281 - Court to Order Batterers’ Intervention Program Attendance.

741.281 Court to order batterers’ intervention program attendance.—If a person is found guilty of, has adjudication withheld on, or pleads nolo contendere to a crime of domestic violence, as defined in s. 741.28, that person shall be ordered by the court to a minimum term of 1 year’s probation and the court shall order that the defendant attend and complete a batterers’ intervention program as a condition of probation. The court must impose the condition of the batterers’ intervention program for a defendant under this section, but the court, in its discretion, may determine not to impose the condition if it states on the record why a batterers’ intervention program might be inappropriate. The court must impose the condition of the batterers’ intervention program for a defendant placed on probation unless the court determines that the person does not qualify for the batterers’ intervention program pursuant to s. 741.325. The imposition of probation under this section does not preclude the court from imposing any sentence of imprisonment authorized by s. 775.082.
History.—s. 19, ch. 95-195; s. 2, ch. 96-392; s. 8, ch. 2001-50; s. 10, ch. 2002-55; s. 8, ch. 2012-147; s. 1, ch. 2017-156.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.283 - Minimum Term of Imprisonment for Domestic Violence.

741.283 Minimum term of imprisonment for domestic violence.—
(1)(a) Except as provided in paragraph (b), if a person is adjudicated guilty of a crime of domestic violence, as defined in s. 741.28, and the person has intentionally caused bodily harm to another person, the court shall order the person to serve a minimum of 10 days in the county jail for a first offense, 15 days for a second offense, and 20 days for a third or subsequent offense as part of the sentence imposed, unless the court sentences the person to a nonsuspended period of incarceration in a state correctional facility.
(b) If a person is adjudicated guilty of a crime of domestic violence, as defined in s. 741.28, and the person has intentionally caused bodily harm to another person, and the crime of domestic violence takes place in the presence of a child under 16 years of age who is a family or household member, as defined in s. 741.28, of the victim or the perpetrator, the court shall order the person to serve a minimum of 15 days in the county jail for a first offense, 20 days for a second offense, and 30 days for a third or subsequent offense as part of the sentence imposed, unless the court sentences the person to a nonsuspended period of incarceration in a state correctional facility.
(2) This section does not preclude the court from sentencing the person to probation, community control, or an additional period of incarceration.
History.—s. 3, ch. 2001-50; s. 2, ch. 2017-156.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.2901 - Domestic Violence Cases; Prosecutors; Legislative Intent; Investigation; Duty of Circuits; First Appearance.

741.2901 Domestic violence cases; prosecutors; legislative intent; investigation; duty of circuits; first appearance.—
(1) Each state attorney shall develop special units or assign prosecutors to specialize in the prosecution of domestic violence cases, but such specialization need not be an exclusive area of duty assignment. These prosecutors, specializing in domestic violence cases, and their support staff shall receive training in domestic violence issues.
(2) It is the intent of the Legislature that domestic violence be treated as a criminal act rather than a private matter. For that reason, criminal prosecution shall be the favored method of enforcing compliance with injunctions for protection against domestic violence as both length and severity of sentence for those found to have committed the crime of domestic violence can be greater, thus providing greater protection to victims and better accountability of perpetrators. This provision shall not preclude such enforcement by the court through the use of indirect criminal contempt. The state attorney in each circuit shall adopt a pro-prosecution policy for acts of domestic violence, as defined in s. 741.28, and an intake policy and procedures coordinated with the clerk of court for violations of injunctions for protection against domestic violence. The filing, nonfiling, or diversion of criminal charges, and the prosecution of violations of injunctions for protection against domestic violence by the state attorney, shall be determined by these specialized prosecutors over the objection of the victim, if necessary.
(3) Prior to a defendant’s first appearance in any charge of domestic violence as defined in s. 741.28, the State Attorney’s Office shall perform a thorough investigation of the defendant’s history, including, but not limited to: prior arrests for domestic violence, prior arrests for nondomestic charges, prior injunctions for protection against domestic and repeat violence filed listing the defendant as respondent and noting history of other victims, and prior walk-in domestic complaints filed against the defendant. This information shall be presented at first appearance, when setting bond, and when passing sentence, for consideration by the court. When a defendant is arrested for an act of domestic violence, the defendant shall be held in custody until brought before the court for admittance to bail in accordance with chapter 903. In determining bail, the court shall consider the safety of the victim, the victim’s children, and any other person who may be in danger if the defendant is released.
History.—s. 4, ch. 91-210; s. 3, ch. 94-134; s. 3, ch. 94-135; s. 3, ch. 95-195.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.2902 - Domestic Violence; Legislative Intent With Respect to Judiciary’s Role.

741.2902 Domestic violence; legislative intent with respect to judiciary’s role.—
(1) It is the intent of the Legislature, with respect to domestic violence cases, that at the first appearance the court shall consider the safety of the victim, the victim’s children, and any other person who may be in danger if the defendant is released, and exercise caution in releasing defendants.
(2) It is the intent of the Legislature, with respect to injunctions for protection against domestic violence, issued pursuant to s. 741.30, that the court shall:
(a) Recognize that the petitioner’s safety may require immediate removal of the respondent from their joint residence and that there can be inherent danger in permitting the respondent partial or periodic access to the residence.
(b) Ensure that the parties have a clear understanding of the terms of the injunction, the penalties for failure to comply, and that the parties cannot amend the injunction verbally, in writing, or by invitation to the residence.
(c) Ensure that the parties have knowledge of legal rights and remedies including, but not limited to, visitation, child support, retrieving property, counseling, and enforcement or modification of the injunction.
(d) Consider temporary child support when the pleadings raise the issue and in the absence of other support orders.
(e) Consider supervised visitation, withholding visitation, or other arrangements for visitation that will best protect the child and petitioner from harm.
(f) Enforce, through a civil or criminal contempt proceeding, a violation of an injunction for protection against domestic violence.
(g) Consider requiring the perpetrator to complete a batterers’ intervention program. It is preferred that such program meet the requirements specified in s. 741.325.
History.—s. 5, ch. 91-210; s. 4, ch. 94-134; s. 4, ch. 94-135; s. 13, ch. 94-170; s. 4, ch. 95-195; s. 11, ch. 2002-55; s. 9, ch. 2012-147.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.3165 - Certain Information Exempt From Disclosure.

741.3165 Certain information exempt from disclosure.—
(1)(a) Any information that is confidential or exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution and that is obtained by a domestic violence fatality review team conducting activities as described in s. 741.316 shall retain its confidential or exempt status when held by a domestic violence fatality review team.
(b) Any information contained in a record created by a domestic violence fatality review team pursuant to s. 741.316 that reveals the identity of a victim of domestic violence or the identity of the children of the victim is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(2) Portions of meetings of any domestic violence fatality review team regarding domestic violence fatalities and their prevention, during which confidential or exempt information, the identity of the victim, or the identity of the children of the victim is discussed, are exempt from s. 286.011 and s. 24(b), Art. I of the State Constitution.
History.—s. 1, ch. 2000-219; s. 1, ch. 2005-212; s. 160, ch. 2008-4; s. 1, ch. 2010-43.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.32 - Batterers’ Intervention Programs.

741.32 Batterers’ intervention programs.—The Legislature finds that the incidence of domestic violence in this state is disturbingly high and that, despite the efforts of many to curb this violence, one person dies at the hands of a spouse, ex-spouse, or cohabitant approximately every 3 days. Further, a child who witnesses the perpetration of this violence becomes a victim as he or she hears or sees it occurring. This child is at high risk of also being the victim of physical abuse by the parent who is perpetrating the violence and, to a lesser extent, by the parent who is the victim. These children are also at a high risk of perpetrating violent crimes as juveniles and, later, becoming perpetrators of the same violence that they witnessed as children. The Legislature finds that there should be standardized programming available to the justice system to protect victims and their children and to hold the perpetrators of domestic violence accountable for their acts. To ensure statewide consistency in such programming, the Department of Children and Families shall certify and monitor batterers’ intervention programs to be used by the justice system. Finally, the Legislature recognizes that in order for batterers’ intervention programs to be successful in protecting victims and their children, all participants in the justice system as well as social service agencies and local and state governments must coordinate their efforts at the community level.
History.—s. 16, ch. 95-195; s. 37, ch. 96-312; s. 280, ch. 99-8; s. 2, ch. 2001-183; s. 12, ch. 2012-147; s. 3, ch. 2021-152.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.325 - Requirements for Batterers’ Intervention Programs.

741.325 Requirements for batterers’ intervention programs.—
(1) A batterers’ intervention program must meet the following requirements:
(a) The primary purpose of the program shall be victim safety and the safety of children, if present.
(b) The batterer shall be held accountable for acts of domestic violence.
(c) The program shall be at least 29 weeks in length and include 24 weekly sessions, plus appropriate intake, assessment, and orientation programming.
(d) The program content shall be based on a cognitive behavioral therapy model or psychoeducational model that addresses tactics of power and control by one person over another.
(e) The program shall be funded by user fees paid by the batterers who attend the program, which allows them to take responsibility for their acts of violence. An exception shall be made for local, state, or federal programs that fund batterers’ intervention programs in whole or in part.
(2) The requirements of this section apply only to programs that address the perpetration of violence between intimate partners, spouses, ex-spouses, or those who share a child in common or who are cohabitants in intimate relationships for the purpose of exercising power and control by one over the other. It will endanger victims if courts and other referral agencies refer family and household members who are not perpetrators of the type of domestic violence encompassed by these requirements. Accordingly, the court and others who make referrals should refer perpetrators only to programming that appropriately addresses the violence committed.
History.—s. 17, ch. 95-195; s. 3, ch. 2001-183; s. 13, ch. 2012-147; s. 4, ch. 2021-152.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.327 - Certification and Monitoring of Batterers’ Intervention Programs; Rules.

741.327 Certification and monitoring of batterers’ intervention programs; rules.—
(1) Pursuant to s. 741.32, the Department of Children and Families shall certify and monitor batterers’ intervention programs.
(2) The department shall adopt by rule procedures to administer this section, including, but not limited to, procedures related to the development of criteria for the approval, suspension, or rejection of certification of batterers’ intervention programs.
History.—s. 38, ch. 96-312; s. 6, ch. 98-388; s. 5, ch. 2001-183; s. 14, ch. 2012-147; s. 5, ch. 2021-152.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.401 - Legislative Findings; Purpose.

741.401 Legislative findings; purpose.—The Legislature finds that persons attempting to escape from actual or threatened domestic violence frequently establish new addresses in order to prevent their assailants or probable assailants from finding them. The purpose of ss. 741.401-741.409 is to enable state and local agencies to respond to requests for public records without disclosing the location of a victim of domestic violence, to enable interagency cooperation with the Attorney General in providing address confidentiality for victims of domestic violence, and to enable state and local agencies to accept a program participant’s use of an address designated by the Attorney General as a substitute mailing address.
History.—s. 1, ch. 98-404.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.402 - Definitions; Ss. 741.401-741.409.

741.402 Definitions; ss. 741.401-741.409.—Unless the context clearly requires otherwise, as used in ss. 741.401-741.409, the term:
(1) “Address” means a residential street address, school address, or work address of an individual, as specified on the individual’s application to be a program participant under ss. 741.401-741.409.
(2) “Program participant” means a person certified as a program participant under s. 741.403.
(3) “Domestic violence” means an act as defined in s. 741.28 and includes a threat of such acts committed against an individual in a domestic situation, regardless of whether these acts or threats have been reported to law enforcement officers.
History.—s. 2, ch. 98-404.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.404 - Certification Cancellation.

741.404 Certification cancellation.—
(1) If the program participant obtains a name change, he or she loses certification as a program participant.
(2) The Attorney General may cancel a program participant’s certification if there is a change in the residential address from the one listed on the application, unless the program participant provides the Attorney General with 14 days’ prior notice of the change of address.
(3) The Attorney General may cancel certification of a program participant if mail forwarded by the Attorney General to the program participant’s address is returned and is undeliverable or if service of process documents are returned to the Attorney General.
(4) The Attorney General shall cancel certification of a program participant who applies using false information.
History.—s. 4, ch. 98-404.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.405 - Agency Use of Designated Address.

741.405 Agency use of designated address.—
(1) A program participant may request that state and local agencies or other governmental entities use the address designated by the Attorney General as his or her address. When creating a new public record, state and local agencies or other governmental entities shall accept the address designated by the Attorney General as a program participant’s substitute address, unless the Attorney General has determined that:
(a) The agency or entity has a bona fide statutory or administrative requirement for the use of the address that would otherwise be confidential under ss. 741.401-741.409;
(b) This address will be used only for those statutory and administrative purposes;
(c) The agency or entity has identified the specific program participant’s record for which the waiver is requested;
(d) The agency or entity has identified the individuals who will have access to the record; and
(e) The agency or entity has explained how its acceptance of a substitute address will prevent the agency from meeting its obligations under the law and why it cannot meet its statutory or administrative obligation by a change in its internal procedures.
(2) During the review, evaluation, and appeal of an agency’s request, the agency shall accept the use of a program participant’s substitute address.
(3) The Attorney General’s determination to grant or withhold a requested waiver must be based on, but not limited to, an evaluation of information provided under subsection (1).
(4) If the Attorney General determines that an agency or entity has a bona fide statutory or administrative need for the actual address and that the information will be used only for that purpose, the Attorney General may issue the actual address to the agency or entity. When granting a waiver, the Attorney General shall notify and require the agency or entity to:
(a) Maintain the confidentiality of a program participant’s address information;
(b) Limit the use of and access to that address;
(c) Designate an address disposition date after which the agency or entity may no longer maintain the record of the address; and
(d) Comply with any other provisions and qualifications determined appropriate by the Attorney General.
(5) The Attorney General’s denial of an agency’s or entity’s waiver request must be made in writing and include a statement of specific reasons for denial. Acceptance or denial of an agency’s or entity’s waiver request shall constitute final agency action.
(6) Pursuant to chapter 120, an agency or entity may appeal the denial of its request.
(7) A program participant may use the address designated by the Attorney General as his or her work address.
(8) The Office of the Attorney General shall forward all first-class mail to the appropriate program participants at no charge.
History.—s. 5, ch. 98-404.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.406 - Voting by Program Participant; Use of Designated Address by Supervisor of Elections.

741.406 Voting by program participant; use of designated address by supervisor of elections.—A program participant who is otherwise qualified to vote may request a vote-by-mail ballot pursuant to s. 101.62. The program participant shall automatically receive vote-by-mail ballots for all elections in the jurisdictions in which that individual resides in the same manner as vote-by-mail voters. The supervisor of elections shall transmit the vote-by-mail ballot to the program participant at the address designated by the participant in his or her application as a vote-by-mail voter. The name, address, and telephone number of a program participant may not be included in any list of registered voters available to the public.
History.—s. 6, ch. 98-404; s. 1, ch. 2003-185; s. 42, ch. 2016-37.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.408 - Assistance for Program Applicants.

741.408 Assistance for program applicants.—The Attorney General shall designate state and local agencies and nonprofit agencies that provide counseling and shelter services to victims of domestic violence to assist persons applying to be program participants. Assistance and counseling rendered by the Office of the Attorney General or its designees to applicants does not constitute legal advice.
History.—s. 8, ch. 98-404.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.465 - Public Records Exemption for the Address Confidentiality Program for Victims of Domestic Violence.

741.465 Public records exemption for the Address Confidentiality Program for Victims of Domestic Violence.—
(1) The addresses, corresponding telephone numbers, and social security numbers of program participants in the Address Confidentiality Program for Victims of Domestic Violence held by the Office of the Attorney General are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except the information may be disclosed under the following circumstances: to a law enforcement agency for purposes of assisting in the execution of a valid arrest warrant; if directed by a court order, to a person identified in the order; or if the certification has been canceled. For purposes of this section, the term “address” means a residential street address, school address, or work address, as specified on the individual’s application to be a program participant in the Address Confidentiality Program for Victims of Domestic Violence.
(2) The names, addresses, and telephone numbers of participants in the Address Confidentiality Program for Victims of Domestic Violence contained in voter registration and voting records held by the supervisor of elections and the Department of State are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, except the information may be disclosed under the following circumstances: to a law enforcement agency for purposes of assisting in the execution of an arrest warrant or, if directed by a court order, to a person identified in the order. This exemption applies to information made exempt by this subsection before, on, or after the effective date of the exemption.
History.—s. 1, ch. 98-405; ss. 3, 4, ch. 2003-185; ss. 2, 3, ch. 2005-279; s. 1, ch. 2010-42; s. 2, ch. 2010-115.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 741 - Marriage; Domestic Violence › 741.4651 - Public Records Exemption; Victims of Stalking or Aggravated Stalking.

741.4651 Public records exemption; victims of stalking or aggravated stalking.—The names, addresses, and telephone numbers of persons who are victims of stalking or aggravated stalking are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution in the same manner that the names, addresses, and telephone numbers of participants in the Address Confidentiality Program for Victims of Domestic Violence which are held by the Attorney General under s. 741.465 are exempt from disclosure, provided that the victim files a sworn statement of stalking with the Office of the Attorney General and otherwise complies with the procedures in ss. 741.401-741.409.
History.—s. 1, ch. 2010-115; s. 11, ch. 2013-15; s. 1, ch. 2015-78.
Note.—Former s. 97.0585(3).
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 742 - Determination of Parentage › 742.011 - Proceedings for Determination of Paternity, Rights, and Responsibilities; Jurisdiction.

742.011 Proceedings for determination of paternity, rights, and responsibilities; jurisdiction.—Any woman who is pregnant or has a child, any man who has reason to believe that he is the father of a child, or any child may bring proceedings in the circuit court, in chancery, to determine the paternity of the child when paternity has not been established by law or otherwise. After the birth of the child, a parent may request a determination of parental responsibility and child support and for the creation of a parenting plan and time-sharing schedule pursuant to chapter 61.
History.—s. 1, ch. 26949, 1951; s. 5, ch. 75-166; s. 13, ch. 83-214; s. 150, ch. 86-220; s. 1, ch. 2023-209.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 742 - Determination of Parentage › 742.021 - Venue, Process, Complaint.

742.021 Venue, process, complaint.—
(1) The proceedings must be in the circuit court of the county where the plaintiff resides or the county where the defendant resides.
(2) The complaint shall assert sufficient facts charging the paternity of the child. Upon filing of a complaint seeking to determine paternity, the clerk of court shall issue a notice to each petitioner and to each respondent or defendant along with service of the petition. The notice must be in substantially the following form:
In order to preserve the right to notice and consent to the adoption of the child, an unmarried biological father must, as the “registrant,” file a notarized claim of paternity form with the Florida Putative Father Registry maintained by the Office of Vital Statistics of the Department of Health which includes confirmation of his willingness and intent to support the child for whom paternity is claimed in accordance with state law. The claim of paternity may be filed at any time before the child’s birth, but a claim of paternity may not be filed after the date a petition is filed for termination of parental rights.
(3) Process served on the defendant must require the defendant to file written defenses to the complaint in the same manner as suits in chancery. Upon application and proof under oath, the court may issue a writ of ne exeat against the defendant on such terms and conditions and conditioned upon bond in such amount as the court may determine.
History.—s. 2, ch. 26949, 1951; s. 151, ch. 86-220; s. 24, ch. 2008-151.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 742 - Determination of Parentage › 742.032 - Filing of Location Information.

742.032 Filing of location information.—
(1) Beginning July 1, 1997, each party to any paternity or child support proceeding must file with the tribunal, as defined in chapter 88 and State Case Registry as defined in chapter 61 upon entry of an order, and update as appropriate, information on location and identity of the party, including social security number, residential and mailing addresses, telephone number, driver license number, and name, address, and telephone number of employer. Beginning October 1, 1998, each party to any paternity or child support proceeding in a non-Title IV-D case shall meet the above requirements for updating the tribunal and State Case Registry.
(2) Beginning July 1, 1997, in any subsequent Title IV-D child support enforcement action between the parties, upon sufficient showing that diligent effort has been made to ascertain the location of such a party, the court of competent jurisdiction shall deem state due process requirements for notice and service of process to be met with respect to the party upon delivery of written notice to the most recent residential or employer address filed with the tribunal and State Case Registry under subsection (1). Beginning October 1, 1998, in any subsequent non-Title IV-D child support enforcement action between the parties, the same requirements for service shall apply.
(3) Pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, each party is required to provide his or her social security number in accordance with this section. Disclosure of social security numbers obtained through this requirement shall be limited to the purpose of administration of the Title IV-D program for child support enforcement.
History.—s. 69, ch. 97-170; s. 39, ch. 98-397.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 742 - Determination of Parentage › 742.045 - Attorney’s Fees, Suit Money, and Costs.

742.045 Attorney’s fees, suit money, and costs.—The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney’s fees, suit money, and the cost to the other party of maintaining or defending any proceeding under this chapter, including enforcement and modification proceedings. An application for attorney’s fees, suit money, or costs, whether temporary or otherwise, shall not require corroborating expert testimony in order to support an award under this chapter. The court may order that the amount be paid directly to the attorney, who may enforce the order in his or her name. In Title IV-D cases, any costs, including filing fees, recording fees, mediation costs, service of process fees, and other expenses incurred by the clerk of the circuit court, shall be assessed only against the nonprevailing obligor after the court makes a determination of the nonprevailing obligor’s ability to pay such costs and fees. The Department of Revenue shall not be considered a party for purposes of this section; however, fees may be assessed against the department pursuant to s. 57.105(1).
History.—s. 7, ch. 91-246; s. 7, ch. 93-188; s. 17, ch. 93-208; s. 1, ch. 95-151; s. 1061, ch. 97-102.
2023 Florida Statutes › Title XLIII - Domestic Relations › Chapter 742 - Determination of Parentage › 742.06 - Jurisdiction Retained for Future Orders.

742.06 Jurisdiction retained for future orders.—The court shall retain jurisdiction of the cause for the purpose of entering such other and further orders as changing circumstances of the parties may in justice and equity require. Modifications and enforcement of child support, time-sharing, and support for a dependent adult child are determined under chapter 61.
History.—s. 5, ch. 26949, 1951; s. 8, ch. 2023-213.