Florida Marriage License Application ch 741 7/16/2024

Questions and Answers

Who is authorized to issue a marriage license in the State of Florida?

A county court judge or clerk of the circuit court (correct)

A notary public

A mayor

A justice of the peace

What information must applicants for a marriage license provide under oath in writing?

Information about any children they have in common (correct)

Their employment history

Their Social Security numbers

Their addresses

What is the fee collected by the clerk for receiving the application for a marriage license?

$50

$25

$2 (correct)

Where are the funds generated from the increased marriage license fee directed to?

Department of Children and Families Signup and view all the answers

What is the purpose of the Domestic Violence Trust Fund?

To collect and disburse funds for domestic violence centers Signup and view all the answers

What is the total fee that must be paid when applying for a marriage license?

$27 Signup and view all the answers

Who is responsible for establishing the Domestic Violence Trust Fund?

The Executive Office of the Governor Signup and view all the answers

What happens to the information about any children applicants have in common?

It is transmitted to the Department of Health Signup and view all the answers

What is the benefit of completing a premarital preparation course?

A reduced marriage license fee of $32.50 Signup and view all the answers

Who is responsible for paying the costs of a premarital preparation course?

The applicant Signup and view all the answers

What information must be specified on a certificate of completion?

The participant's name and date of completion Signup and view all the answers

Who may establish a roster of area course providers?

The judicial circuit Signup and view all the answers

What is the purpose of a family law handbook?

To explain Florida law pertaining to marriage and dissolution Signup and view all the answers

What is the amount that the Executive Office of the Governor can spend each year for the purpose of administering a statewide public-awareness campaign regarding domestic violence?

$500,000 Signup and view all the answers

Who reviews the material in the family law handbook for accuracy?

The Family Court Steering Committee of the Florida Supreme Court Signup and view all the answers

What type of instruction may be included in a premarital preparation course?

Instruction on various topics, including conflict management and financial responsibilities Signup and view all the answers

What is the additional fee paid to the clerk upon receipt of the application for issuance of a marriage license?

$25 Signup and view all the answers

What happens to the additional fee of $25 when a couple presents a valid certificate of completion of a premarital preparation course?

It is not transferred to the Department of Revenue Signup and view all the answers

Who is an official representative of a religious institution who may provide premarital preparation courses?

An official representative with relevant training Signup and view all the answers

How many installments can an applicant for a marriage license make to pay the fees required under s. 741.01?

3 Signup and view all the answers

What must an area course provider file with the clerk of the circuit court?

An affidavit attesting to compliance with course requirements Signup and view all the answers

What is the purpose of the additional fee of $4 collected under s. 741.02?

To distribute as provided by s. 382.022 Signup and view all the answers

Where may a family law handbook be obtained?

From the clerk of the circuit court Signup and view all the answers

What is unlawful for a county court judge or clerk of the circuit court to do?

Send out a marriage license signed in blank to be issued upon application Signup and view all the answers

What is the minimum duration of a premarital preparation course?

4 hours Signup and view all the answers

Who can complete a premarital preparation course together or separately?

A man and a woman who intend to apply for a marriage license Signup and view all the answers

What happens to the marriage license application when the third or final installment payment is made?

It is deemed filed Signup and view all the answers

How much does the clerk retain as a processing fee when the marriage license fee is paid in installments?

$1 from the additional fee imposed pursuant to s. 741.01(3) Signup and view all the answers

What is the primary purpose of the information contained in the handbook or other electronic media presentation?

To inform individuals about their rights and responsibilities in marriage and divorce Signup and view all the answers

What is the minimum age requirement for obtaining a marriage license in Florida?

18 years old Signup and view all the answers

What is the purpose of submitting social security numbers when applying for a marriage license?

To support the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 Signup and view all the answers

What is a requirement for divorcing parents with children?

Participation in a parent education course Signup and view all the answers

What is the significance of the BaĴered Women's Bill of Rights?

It specifies women's rights in the context of marriage and divorce Signup and view all the answers

What is a consequence of falsely reporting domestic violence or child abuse and neglect?

Penalties and ramenfications Signup and view all the answers

How often is the information contained in the handbook or other electronic media presentation reviewed and updated?

Annually Signup and view all the answers

What is the age difference limitation for marriage in Florida?

The older party cannot be more than 2 years older Signup and view all the answers

What is an alternative form of identification for non-citizens of the United States?

Alien registration number Signup and view all the answers

What is the purpose of providing a writen and signed affidavit when applying for a marriage license?

To acknowledge the understanding of marriage laws Signup and view all the answers

What is the significance of the date January 1, 1968, in relation to common-law marriages in Florida?

It is the date after which common-law marriages entered into are no longer valid. Signup and view all the answers

What is required of the parties before a marriage can be solemnized?

A marriage license issued according to the requirements of s. 741.01 Signup and view all the answers

Who are included in the term 'minister' and 'elder' in the context of this chapter?

All persons connected with the Society of Friends, or Quakers Signup and view all the answers

What is the time frame within which the person solemnizing the marriage must make a certificate thereof on the license?

Within 10 days after solemnizing the marriage Signup and view all the answers

Where are the records of marriage licenses issued and returned certificates kept?

In the office of the county court judge or clerk of the circuit court Signup and view all the answers

What is the alternative method of proving a marriage when the proper certificate is not available?

By affidavit before any officer authorized to administer oaths made by two competent witnesses Signup and view all the answers

What type of marriages are prohibited by law?

Incestuous marriages Signup and view all the answers

What is the significance of the Quakers or Friends in the context of this chapter?

They have their own rites and ceremonies for marriage Signup and view all the answers

What is the purpose of the record of marriage licenses issued and returned certificates?

To provide a record of marriages for future reference Signup and view all the answers

What is the effect of not having a certificate of marriage made and returned?

The marriage may be proved by alternative means Signup and view all the answers

What is the definition of a law enforcement officer according to Florida state law?

Any person who is elected, appointed, or employed by a municipality, the state, or any political subdivision thereof Signup and view all the answers

What is the minimum term of imprisonment for a person adjudicated guilty of a crime of domestic violence with bodily harm?

10 days in the county jail for a first offense Signup and view all the answers

What is required of a law enforcement officer who investigates an alleged incident of domestic violence?

To assist the victim in obtaining medical treatment if necessary Signup and view all the answers

What is the purpose of a batterers' intervention program?

To rehabilitate perpetrators of domestic violence Signup and view all the answers

What is the consequence for a person who is found guilty of a crime of domestic violence?

The person is ordered to attend a batterers' intervention program as a condition of probation Signup and view all the answers

What is the minimum term of imprisonment for a person who commits a crime of domestic violence in the presence of a child under 16 years old?

15 days in the county jail for a first offense Signup and view all the answers

What is the role of a law enforcement officer in investigating an alleged incident of domestic violence?

To assist the victim in obtaining medical treatment and provide information about legal rights and remedies Signup and view all the answers

What is the purpose of a domestic violence center?

To provide services to victims of domestic violence Signup and view all the answers

What is the consequence for a person who is adjudicated guilty of a crime of domestic violence and has intentionally caused bodily harm to another person?

The person is ordered to attend a batterers' intervention program as a condition of probation Signup and view all the answers

What is the definition of 'domestic violence' under Florida law?

Any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment between family or household members Signup and view all the answers

Who is included in the definition of 'family or household member'?

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 Signup and view all the answers

What is the status of marriages between persons of the same sex in Florida?

They are not recognized for any purpose Signup and view all the answers

What is the effect of the abrogation of the common-law doctrine of interspousal tort immunity?

The ability of a person to sue another person for the intentional tort of battery is not affected by any marital relationship between the persons Signup and view all the answers

Who can recover damages from the parents of a minor who maliciously or willfully destroys or steals property?

Any municipal corporation, county, school district, department of Florida, person, partnership, corporation, association, or religious organization Signup and view all the answers

What is the maximum amount of damages that can be recovered from the parents of a minor who maliciously or willfully destroys or steals property?

Actual damages plus taxable court costs Signup and view all the answers

What is abrogated under Florida law?

The common-law rule whereby a husband is liable for the torts of his wife Signup and view all the answers

What is the result of the abrogation of the common-law rule whereby a husband is liable for the torts of his wife?

Husbands are no longer liable for the torts of their wives Signup and view all the answers

What is not recognized in Florida?

Marriages between persons of the same sex Signup and view all the answers

What is the relationship between the terms 'marriage' and 'spouse' under Florida law?

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 Signup and view all the answers

What must a law enforcement officer include in a police report when investigating an allegation of domestic violence?

A description of physical injuries observed, if any Signup and view all the answers

What is a law enforcement officer required to do when investigating an allegation of domestic violence?

Handle the incident pursuant to the arrest policy provided in s. 901.15(7) Signup and view all the answers

What must a law enforcement agency do with a copy of the initial police report and any subsequent reports?

Send it to the nearest locally certified domestic violence center within 24 hours Signup and view all the answers

What is a victim of domestic violence entitled to do?

Ask the state attorney to file a criminal complaint Signup and view all the answers

What is required to be included in the Legal Rights and Remedies Notice to Victims?

A general summary of s. 741.30 in simple English and Spanish Signup and view all the answers

What must a law enforcement officer evaluate separately when complaints are received from two or more parties?

Each complaint to determine probable cause for arrest Signup and view all the answers

What is required to be given to the victim by the law enforcement officer?

A copy of the Legal Rights and Remedies Notice Signup and view all the answers

What is the purpose of the written police report?

To permit data on domestic violence cases to be compiled Signup and view all the answers

What is a law enforcement officer's decision to arrest and charge based on?

Probable cause Signup and view all the answers

What may a victim of domestic violence do in addition to asking the state attorney to file a criminal complaint?

Request a restraining order against the abuser Signup and view all the answers

What is the primary response of a law enforcement officer when dealing with multiple persons committing a misdemeanor or felony?

Determine the primary aggressor and arrest only that person Signup and view all the answers

What is the consequence for a person who willfully violates a condition of pretrial release for an act of domestic violence?

Misdemeanor of the first degree Signup and view all the answers

What is the intent of the Legislature regarding domestic violence cases?

To treat domestic violence as a criminal act Signup and view all the answers

What is the role of specialized prosecutors in domestic violence cases?

To specialize in the prosecution of domestic violence cases Signup and view all the answers

What must the State Attorney's Office do prior to a defendant's first appearance in a domestic violence case?

Perform a thorough investigation of the defendant's history Signup and view all the answers

What is the purpose of the investigation by the State Attorney's Office in a domestic violence case?

To present information at first appearance, when seeking bond, and when passing sentence Signup and view all the answers

What is a requirement for a defendant arrested for an act of domestic violence?

The defendant must be held in custody until brought before the court Signup and view all the answers

What is a consideration for the court when determining bail for a defendant arrested for an act of domestic violence?

The safety of the victim, the victim's children, and any other person who may be in danger Signup and view all the answers

What is the role of the state attorney in domestic violence cases?

To adopt a pro-prosecution policy for acts of domestic violence Signup and view all the answers

What is the liability of a law enforcement officer in a domestic violence case?

The officer is not liable for an arrest based on probable cause Signup and view all the answers

What is required of anyone who presents evidence or recommendations related to the cause of action?

They must present it in writing to the court and all parties Signup and view all the answers

What is prohibited by the court according to this section?

Issuing mutual orders of protection Signup and view all the answers

Where can a petition for an injunction for protection against domestic violence be filed?

In the circuit where the domestic violence occurred, or where the petitioner or respondent resides Signup and view all the answers

What is the maximum amount that a law enforcement agency can request as a fee for serving an injunction?

$20 Signup and view all the answers

What assistance must the clerk of the court provide to petitioners?

Assistance in seeking both injunctions for protection against domestic violence and enforcement for a violation thereof Signup and view all the answers

What is the primary concern of the court when releasing defendants in domestic violence cases?

The safety of the victim, the victim's children, and any other person who may be in danger. Signup and view all the answers

What must the clerk of the court do to ensure the petitioner's privacy?

Ensure the petitioner's privacy to the extent practical while completing the forms Signup and view all the answers

What type of training must clerks of court and appropriate staff in each county receive?

Training in effective assistance of petitioners Signup and view all the answers

What is the purpose of requiring the parties to have a clear understanding of the terms of the injunction?

To ensure the parties have a clear understanding of the penalties for failure to comply. Signup and view all the answers

What is the court's role in domestic violence cases?

To exercise caution in releasing defendants and consider the safety of the victim and others. Signup and view all the answers

What information must be included in the sworn petition?

The specific facts and circumstances upon which relief is sought Signup and view all the answers

What is the purpose of the injunction for protection against domestic violence?

To protect the victim, the victim's children, and any other person who may be in danger. Signup and view all the answers

What is the clerk of the court required to provide to petitioners?

A minimum of two certified copies of the order of injunction Signup and view all the answers

Who may file a sworn petition for an injunction for protection against domestic violence?

Family or household members who are victims of domestic violence or have reasonable cause to believe they are in imminent danger. Signup and view all the answers

What is prohibited from being required by the court for the entry of an injunction?

A bond Signup and view all the answers

What is the consequence of violating an injunction for protection against domestic violence?

The violator will be subject to a civil or criminal contempt proceeding. Signup and view all the answers

What is the court's responsibility in domestic violence cases?

To recognize that the petitioner's safety may require immediate removal of the respondent from their joint residence. Signup and view all the answers

What is the purpose of requiring the perpetrator to complete a batterers' intervention program?

To protect the victim and others from harm. Signup and view all the answers

What is the court's role in enforcing an injunction for protection against domestic violence?

To enforce the injunction through a civil or criminal contempt proceeding. Signup and view all the answers

What is the purpose of considering supervised visitation or other arrangements for visitation?

To protect the child and petitioner from harm. Signup and view all the answers

What is required to be presented to the county court judge or clerk of the circuit court before issuing a marriage license?

Both a and b Signup and view all the answers

What is the consequence if a couple does not submit valid certificates of completion of a premarital preparation course?

The effective date of the marriage license is delayed by 3 days. Signup and view all the answers

Who may waive the delayed effective date requirement for Florida residents?

County court judge Signup and view all the answers

How long is a marriage license valid after issuance?

60 days Signup and view all the answers

What is the penalty for violating s. 741.03 or s. 741.04(2)?

Misdemeanor of the first degree Signup and view all the answers

Who may solemnize the rights of matrimonial contract?

Regularly ordained ministers of the gospel or elders in communion with some church, judicial officers, and notaries public Signup and view all the answers

Can a county court judge or clerk of the circuit court issue a marriage license to individuals who are not citizens of the United States if one or both of them are unable to provide a social security number, an alien registration number, or another identification number?

Yes Signup and view all the answers

What happens to the marriage license fee waiver?

It is available to all eligible couples Signup and view all the answers

What is the purpose of the statement that verifies both parties have obtained and read or accessed the information in the handbook or other electronic media presentation?

To educate the parties on their rights and responsibilities in a marriage Signup and view all the answers

Who may grant exceptions to the delayed effective date requirement?

Clerk of the circuit court Signup and view all the answers

What must be accompanied by or must incorporate the allegations required by s. 61.522 of the Uniform Child Custody Jurisdiction and Enforcement Act?

The sworn petition Signup and view all the answers

What is the purpose of a temporary injunction ex parte?

To provide a temporary remedy in cases of immediate and present danger of domestic violence Signup and view all the answers

What may be awarded to the petitioner in a temporary parenting plan?

Up to 100% of the time-sharing Signup and view all the answers

What may be included in the relief granted by a temporary injunction?

All of the above Signup and view all the answers

Who must be personally served with a copy of the petition, financial affidavit, and other documents prior to the hearing?

The respondent Signup and view all the answers

What is the purpose of the hearing set by the court upon the filing of the petition?

To determine the temporary relief to be granted Signup and view all the answers

What may be awarded to the petitioner temporarily, pending a full hearing?

Exclusive use and possession of the dwelling Signup and view all the answers

What may be granted to the petitioner in addition to the temporary parenting plan?

Temporary exclusive care, possession, or control of an animal Signup and view all the answers

What is the maximum duration of an ex parte temporary injunction granted by the court?

15 days Signup and view all the answers

What is the purpose of referring a petitioner to a certified domestic violence center?

To provide the petitioner with information and resources for domestic violence support Signup and view all the answers

What is the court's discretion in granting relief under this section?

Unlimited, as the court deems proper Signup and view all the answers

What is the exception to the court's order regarding an animal owned primarily for a bona fide agricultural purpose?

If the respondent is the service animal's handler Signup and view all the answers

What is the court's requirement for a full hearing on the petition for injunction?

To be set for a date no later than the date when the temporary injunction ceases to be effective Signup and view all the answers

What is the respondent required to do if ordered to participate in treatment, intervention, or counseling services?

Participate in a program chosen from a list provided by the court or any entity designated by the court Signup and view all the answers

What is the court's discretion in granting relief under this section regarding a minor child or children?

Includes awarding the petitioner temporary support for a minor child or children Signup and view all the answers

What is the effect of a denial of a petition for an ex parte injunction?

The court sets a full hearing on the petition for injunction with notice at the earliest possible time Signup and view all the answers

What is the purpose of a full hearing on the petition for injunction?

To determine if there is reasonable cause to believe the petitioner is in imminent danger of becoming a victim of domestic violence Signup and view all the answers

What can the court order the respondent to do regarding an animal owned, possessed, harbored, kept, or held by the petitioner, the respondent, or a minor child residing in the residence or household of the petitioner or respondent?

To have no contact with the animal and prohibit the respondent from taking, transferring, encumbering, concealing, harming, or otherwise disposing of the animal. Signup and view all the answers

What is the court's requirement for evidence in a hearing ex parte for the purpose of obtaining an ex parte temporary injunction?

Verified pleadings or affidavits Signup and view all the answers

What is an exception to the court's order regarding an animal?

An animal owned primarily for a bona fide agricultural purpose Signup and view all the answers

What is another exception to the court's order regarding an animal?

A service animal, as defined under s. 413.08 Signup and view all the answers

What can the court order in addition to other civil or criminal remedies?

Injunctions or directives to law enforcement agencies Signup and view all the answers

What is a requirement for the court to order a respondent to attend a batterers' intervention program?

All of the above. Signup and view all the answers

What is a factor that the court considers in determining whether a petitioner has reasonable cause to believe they are in imminent danger of becoming a victim of domestic violence?

The history between the petitioner and the respondent Signup and view all the answers

What is the penalty for having a firearm or ammunition while under an injunction for protection against domestic violence?

A first-degree misdemeanor Signup and view all the answers

What is another factor that the court considers in determining whether a petitioner has reasonable cause to believe they are in imminent danger of becoming a victim of domestic violence?

Whether the respondent has a criminal history involving violence or the threat of violence Signup and view all the answers

Who is allowed to be present with the petitioner or respondent during court proceedings or hearings related to an injunction for protection?

All of the above. Signup and view all the answers

What is indicated on the face of a temporary or final judgment on injunction for protection against domestic violence?

That the injunction is valid and enforceable in all counties of the State of Florida Signup and view all the answers

What authority do law enforcement officers have to enforce the terms of an injunction for protection against domestic violence?

The authority to make arrests under s. 901.15(6) Signup and view all the answers

How must the clerk of the court transmit a copy of the petition, financial affidavit, and temporary injunction to the sheriff or law enforcement agency?

Electronically Signup and view all the answers

What must the sheriff do after receiving an electronic copy of the injunction?

Verify receipt with the sender Signup and view all the answers

What is required to modify or dissolve an injunction for protection against domestic violence?

A motion by either party Signup and view all the answers

What is the purpose of the court recording all proceedings under this subsection?

To keep a record of the proceedings Signup and view all the answers

What is not required to modify or dissolve an injunction for protection against domestic violence?

Specific allegations Signup and view all the answers

What is a requirement for the final judgment on an injunction for protection against domestic violence?

It must indicate that it is a violation of s. 790.233 and a first-degree misdemeanor for the respondent to have in their care, custody, possession, or control any firearm or ammunition Signup and view all the answers

Who may authorize a law enforcement agency to effect service of the injunction?

The chief judge of each circuit Signup and view all the answers

What is the purpose of the injunction for protection against domestic violence?

To deter the respondent from committing domestic violence Signup and view all the answers

What is a condition of the injunction for protection against domestic violence?

All of the above. Signup and view all the answers

Who must accept a copy of an injunction for protection against domestic violence?

Law enforcement officer Signup and view all the answers

What happens to the information about an injunction for protection against domestic violence?

It is transmitted electronically to the sheriff Signup and view all the answers

What is the purpose of the Domestic and Repeat Violence Injunction Statewide Verification System?

To electronically transmit information to and between criminal justice agencies Signup and view all the answers

When must the clerk of the court electronically transmit a certified copy of the injunction for service to the sheriff?

Within 24 hours Signup and view all the answers

Who may accompany the petitioner and assist in placing the petitioner in possession of the dwelling or residence?

A law enforcement officer Signup and view all the answers

What happens to the parties when they fail or refuse to acknowledge the receipt of a certified copy of an order?

The clerk notes on the original order that service was effected Signup and view all the answers

Who prepares a written certification to be placed in the court file specifying the time, date, and method of service?

The clerk Signup and view all the answers

What is the purpose of the sheriff receiving a certified copy of the injunction for protection against domestic violence?

To make information relating to the injunction available to other law enforcement agencies Signup and view all the answers

What happens to the respondent who has been served previously with the temporary injunction and has failed to appear at the initial hearing?

Any subsequent petition for injunction seeking an extension of time may be served on the respondent by the clerk of the court by certified mail Signup and view all the answers

What is the purpose of service and verification procedures used by a law enforcement agency serving injunctions?

To ensure consistency with those of the sheriff Signup and view all the answers

What must the sheriff do within 24 hours after service upon the respondent?

Notify the department electronically Signup and view all the answers

What must the Florida Association of Court Clerks and Comptrollers develop, subject to available funding?

An automated process for notification of service of the injunction Signup and view all the answers

What must the clerk of the court do within 24 hours after an injunction is vacated, terminated, or otherwise rendered no longer effective?

Notify the sheriff receiving original notification of the injunction Signup and view all the answers

How may the court enforce a violation of an injunction for protection against domestic violence?

Through any appropriate civil and criminal remedies Signup and view all the answers

What must the clerk of the court do with the moneys collected pursuant to section 9(a)?

Transfer them to the State Treasury for deposit in the Domestic Violence Trust Fund Signup and view all the answers

Who assists the petitioner in preparing an affidavit in support of a violation of an injunction for protection against domestic violence?

The clerk Signup and view all the answers

What happens to the affidavit prepared by the petitioner after it is forwarded to the state attorney?

It is sent to the local law enforcement agency for investigation Signup and view all the answers

What may the petitioner or the respondent do at any time?

Move the court to modify or dissolve an injunction Signup and view all the answers

What must the sheriff do if the respondent is arrested by a law enforcement officer under section 901.15(6) or for a violation of section 741.31?

Hold the respondent in custody until brought before the court Signup and view all the answers

What is the time frame within which the local law enforcement agency must complete its investigation and forward the report to the state attorney?

20 days Signup and view all the answers

What is the role of the prosecutor designated to handle domestic violence cases?

To supervise the intake of alleged violations of injunctions for protection against domestic violence Signup and view all the answers

What is the purpose of the notification system developed by the Florida Association of Court Clerks and Comptrollers?

To notify the petitioner of the service of the injunction Signup and view all the answers

What must the clerk of the court do if the respondent is arrested by a law enforcement officer?

Hold the respondent in custody until brought before the court Signup and view all the answers

What happens if the court has knowledge that the petitioner or another person is in immediate danger?

The court issues an order of appointment of the state attorney Signup and view all the answers

What is the purpose of the Domestic Violence Trust Fund?

To support programs and services for victims of domestic violence Signup and view all the answers

What is the punishment for willfully violating an injunction for protection against domestic violence?

Misdemeanor of the first degree Signup and view all the answers

What is the punishment for knowingly and intentionally coming within 100 feet of the petitioner's motor vehicle?

Misdemeanor of the first degree Signup and view all the answers

What is the time frame within which the state attorney must determine whether to file criminal charges or prepare a motion for an order to show cause?

30 working days Signup and view all the answers

What happens if the court does not issue an order of appointment of the state attorney?

The court proceeds to enforce the violation through criminal contempt Signup and view all the answers

What is the role of the policy adopted by the state attorney in each circuit?

To intake alleged violations of injunctions for protection against domestic violence Signup and view all the answers

What is the penalty for a person who has two or more prior convictions for violation of an injunction or foreign protection order and subsequently commits a violation of any injunction or foreign protection order against the same victim?

Felony of the third degree Signup and view all the answers

What is the maximum number of working days of leave an employer shall permit an employee to request and take in any 12-month period?

3 Signup and view all the answers

Who is exempt from the disabilities regarding possession of firearms and ammunition?

A state or local officer holding an active certification Signup and view all the answers

What information is confidential and exempt from s. 119.07(1) and s. 24(a), Art.I of the State Constitution?

Personal identifying information in records of domestic violence or sexual violence Signup and view all the answers

What does the term 'court of a foreign state' include?

A court of competent jurisdiction of a state of the United States, other than Florida Signup and view all the answers

What is the court required to order the respondent to attend if it finds a willful violation of a domestic violence injunction?

A batterers’ intervention program Signup and view all the answers

Under what condition can an injunction for protection against domestic violence issued by a court of a foreign state be enforced by a law enforcement agency in Florida?

If both A and B are true Signup and view all the answers

What type of damages may be awarded to a person who suffers an injury and/or loss as a result of a violation of an injunction for protection against domestic violence?

Economic damages, including costs and attorneys’ fees for enforcement of the injunction Signup and view all the answers

What is the definition of 'victim' in the context of domestic violence or sexual violence?

An individual who has been subjected to domestic violence or sexual violence Signup and view all the answers

What is not required for enforcement of a foreign protection order in Florida?

Registration of the foreign order Signup and view all the answers

What must a protected person do to register a foreign order of protection in Florida?

All of the above Signup and view all the answers

What is the primary purpose of allowing an employee to request and take up to 3 working days of leave from work in any 12-month period?

To allow employees to address a family or household member who is a victim of domestic violence or sexual violence Signup and view all the answers

What will the sheriff do with the certified copy of the foreign order of protection?

All of the above Signup and view all the answers

What is the consequence for a person who violates a final injunction for protection against domestic violence by having in his or her care, custody, possession, or control any firearm or ammunition?

Felony of the third degree Signup and view all the answers

What is the term used to describe domestic violence, as defined in s. 741.28, or any crime the underlying factual basis of which has been found by a court to include an act of domestic violence?

Domestic violence Signup and view all the answers

What type of notation will the Florida Department of Law Enforcement develop for foreign orders of protection?

A special notation Signup and view all the answers

What is the term used to describe sexual violence, as defined in s. 784.046, or any crime the underlying factual basis of which has been found by a court to include an act of sexual violence?

Sexual violence Signup and view all the answers

What is the purpose of having a certified copy of a foreign order of protection?

To provide proof of the order's existence Signup and view all the answers

What is the primary purpose of an employee seeking leave under this section?

To address physical or psychological injuries resulting from domestic violence or sexual violence. Signup and view all the answers

Why is registration of a foreign order of protection available to protected persons?

To ensure enforcement of the order in Florida Signup and view all the answers

What is not necessary for a protected person to register a foreign order of protection?

Registration of the foreign order in the protected person's county of residence Signup and view all the answers

How many months of employment are required for an employee to be eligible for leave under this section?

3 months Signup and view all the answers

What is the employer's responsibility regarding an employee's leave under this section?

To keep information related to the leave confidential Signup and view all the answers

What is the consequence if an employer violates this section?

The employee may bring a civil suit for damages or equitable relief Signup and view all the answers

What type of organization may provide services to an employee seeking leave under this section?

Victim services organization Signup and view all the answers

What is an employer prohibited from doing to an employee who exercises their rights under this section?

All of the above Signup and view all the answers

What is a requirement for an employee seeking leave under this section?

Providing advance notice of the leave Signup and view all the answers

What is the purpose of the confidentiality requirement for employers?

To protect the employee's privacy Signup and view all the answers

What is an exception to the confidentiality requirement for employers?

Disclosing information to a court of law Signup and view all the answers

What is the purpose of the provision that an employer may not discharge, demote, or retaliate against an employee?

To prevent employment discrimination Signup and view all the answers

What is required for a law enforcement officer to enforce a foreign protection order?

Confirmation that the order has not expired Signup and view all the answers

What is the penalty for intentionally providing a law enforcement officer with a copy of an order of protection known to be false or invalid?

Misdemeanor of the first degree Signup and view all the answers

What is the main purpose of the certification and monitoring of batterers' intervention programs?

To address the violence committed by perpetrators Signup and view all the answers

What is the purpose of a domestic violence fatality review team?

To review domestic violence fatalities Signup and view all the answers

Why is it important to refer only perpetrators to programming that addresses their specific type of domestic violence?

To protect victims from further harm Signup and view all the answers

How long does a foreign order of protection remain in effect?

Until the date of expiration on its face Signup and view all the answers

What is the role of a law enforcement officer in enforcing a foreign protection order?

To assist in enforcement of all terms of the order Signup and view all the answers

What is the primary purpose of sections 741.401-741.409?

To enable state and local agencies to respond to requests for public records without disclosing the location of a victim Signup and view all the answers

Who is responsible for certifying and monitoring batterers' intervention programs?

The Department of Children and Families Signup and view all the answers

What is required for a law enforcement officer to verify service of process?

All of the above Signup and view all the answers

What is the consequence of denying having been served with an order of protection when that person has been served with such order?

Misdemeanor of the first degree Signup and view all the answers

What is the role of the Department of Children and Families in relation to batterers' intervention programs?

To adopt rules and procedures for certifying and monitoring these programs Signup and view all the answers

Who is immune from all liability, civil or criminal, in carrying out the provisions of this section?

The law enforcement officer and their employing agency Signup and view all the answers

What is the consequence of referring non-perpetrators to batterers' intervention programs?

Endangerment of victims Signup and view all the answers

What is the role of a sheriff in registering a foreign order of protection?

To assign a case number and give the protected person a receipt Signup and view all the answers

What is the purpose of a domestic violence fatality review team in relation to law enforcement agencies?

To review domestic violence fatalities Signup and view all the answers

Who are the members of a domestic violence fatality review team?

The state attorney, the medical examiner, certified domestic violence centers, and other persons with knowledge regarding domestic violence fatalities Signup and view all the answers

What is the purpose of a domestic violence fatality review team?

To learn how to prevent domestic violence by intervening early and improving the response of an individual and the system Signup and view all the answers

What is the effect of bad faith or malicious purpose on the liability of a domestic violence fatality review team member?

The member is liable for damages Signup and view all the answers

What information is exempt from discovery or introduction into evidence in any civil or criminal action or administrative or disciplinary proceeding?

Information and records acquired by a domestic violence fatality review team, unless otherwise available from other sources Signup and view all the answers

Who is responsible for administrative purposes of a domestic violence fatality review team?

The Department of Children and Families Signup and view all the answers

What is the scope of a domestic violence fatality review team's review?

Fatal and near-fatal incidents of domestic violence, and related domestic violence matters Signup and view all the answers

What is the purpose of a domestic violence fatality review team's policy recommendations?

To prevent incidents of domestic violence Signup and view all the answers

What is the scope of a domestic violence fatality review team's structure and activities?

Determined at the local level Signup and view all the answers

What is the effect of a person's testimony before a domestic violence fatality review team?

The person may testify as to matters otherwise within their knowledge Signup and view all the answers

What type of information is exempt from disclosure?

Confidential or exempt information under s. 119.07(1) and s. 24(a), Art. Signup and view all the answers

What is the primary purpose of a domestic violence fatality review team?

To investigate domestic violence fatalities and their prevention. Signup and view all the answers

What information is confidential and exempt from certain laws when held by a domestic violence fatality review team?

The identity of the victim of domestic violence and their children. Signup and view all the answers

What is the minimum length of a batterers' intervention program?

29 weeks Signup and view all the answers

What is the primary purpose of a batterers' intervention program?

To protect victims and their children from domestic violence. Signup and view all the answers

What model must a batterers' intervention program be based on?

Both A and B Signup and view all the answers

Who is responsible for paying the costs of a batterers' intervention program?

The perpetrator of domestic violence Signup and view all the answers

What is the purpose of certifying and monitoring batterers' intervention programs?

To ensure statewide consistency in programming. Signup and view all the answers

What is the risk to children who witness domestic violence?

All of the above Signup and view all the answers

What is the purpose of the Legislature's findings on domestic violence?

To develop standardized programming to protect victims and their children and hold perpetrators accountable for their acts. Signup and view all the answers

What is the significance of the Legislature's findings on domestic violence?

They recognize the disturbingly high incidence of domestic violence in the state. Signup and view all the answers

Study Notes

Marriage Licenses

A marriage license is issued by a county court judge or clerk of the circuit court under their hand and seal.
The application for a marriage license must allow both parties to state under oath in writing if they are the parents of a child born in this state and identify any such child they have in common.

Fees

The fee for a marriage license is $25, which is collected when the application is received.
An additional $25 fee is paid to the clerk upon receipt of the application, which goes into the State Courts Revenue Trust Fund.
A $2 fee is collected for receiving the application for the issuance of a marriage license, which goes into the Domestic Violence Trust Fund.
Couples who complete a premarital preparation course can have the $25 fee reduced.

Installment Payments

An applicant for a marriage license who is unable to pay the fees 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.

Premarital Preparation Course

A premarital preparation course is a course of at least 4 hours that includes instruction on conflict management, communication skills, financial responsibilities, and children and parenting responsibilities.
Couples who complete a premarital preparation course may have their marriage license fee reduced by $32.50.
The course provider shall furnish each participant with a certificate of completion.

Family Law Handbook

A family law handbook shall be created by the Family Law Section of The Florida Bar, which explains the rights and responsibilities of marital partners under Florida law.
The handbook shall be reviewed and updated annually.
The information contained in the handbook may also be provided through videotape or other electronic media.

Issuance of Marriage License

A county court judge or clerk of the circuit court may not issue a license to marry to any person younger than 18 years of age, unless the person is at least 17 years of age and provides written consent of their parents or legal guardian.
The parties to the marriage must provide a written and signed affidavit, made and subscribed before a person authorized by law to administer an oath, which includes their social security numbers and ages.

Effective Date of Marriage License

A county court judge or clerk of the circuit court may delay the effective date of the marriage license by 3 days from the date of application if the couple does not submit valid certificates of completion of a premarital preparation course.

Penalty for Violation

Any county court judge, clerk of the circuit court, or other person who violates the issuance of a marriage license commits a misdemeanor of the first degree.

Persons Authorized to Solemnize Matrimony

The following persons are authorized to solemnize matrimony:
- Regularly ordained ministers of the gospel or elders in communion with some church
- Judicial officers, including retired judicial officers
- Clerks of the circuit courts
- Notaries public of this state### Incestuous Marriages
A man cannot marry a woman related to him by lineal consanguinity, nor his sister, aunt, or niece
A woman cannot marry a man related to her by lineal consanguinity, nor her brother, uncle, or nephew

Common-Law Marriages

No common-law marriage entered into after January 1, 1968, shall be valid
Exception: a marriage entered into in good faith and substantial compliance with this chapter

Marriages between Persons of the Same Sex

Marriages between persons of the same sex are not recognized for any purpose in this state
The state, its agencies, and its political subdivisions may not give effect to any public act, record, or judicial proceeding respecting such marriages or relationships

Liability of Husband for Wife's Torts

The common-law rule whereby a husband is liable for the torts of his wife is hereby abrogated

BaĴery by Spouses

The doctrine of interspousal tort immunity is abrogated with regard to the intentional tort of baĴery
A person may sue another person for the intentional tort of baĴery, even if married to them

Civil Action against Parents

Any person or entity may recover damages from the parents of a minor who willfully destroys or steals property
Recovery is limited to actual damages plus taxable court costs

Domestic Violence

"Domestic violence" means any assault, aggravated assault, baĴery, aggravated baĴery, sexual assault, sexual baĴery, 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" 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
"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 and is certified as a law enforcement officer

BaĴerers' Intervention Program

A person found guilty of, has adjudication withheld on, or pleads nolo contendere to a crime of domestic violence must be ordered by the court to attend a baĴerers' intervention program as a condition of probation
The court may determine not to impose the condition if it states on the record why a baĴerers' intervention program might be inappropriate

Minimum Term of Imprisonment

A person adjudicated guilty of a crime of domestic violence and intentionally causing bodily harm to another person must 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
If the crime takes place in the presence of a child under 16 years of age who is a family or household member, the minimum sentence is 15 days for a first offense, 20 days for a second offense, and 30 days for a third or subsequent offense

Investigation of Domestic Violence Incidents

Law enforcement officers must assist victims of domestic violence in obtaining medical treatment and advise them of their legal rights and remedies
Officers must submit a written police report that is complete and clearly indicates the alleged offense was an incident of domestic violence
Reports must be given to the officer's supervisor and filed with the law enforcement agency in a manner that permits data on domestic violence cases to be compiled### Injunction for Protection Against Domestic Violence
No requirement for parties to be represented by an attorney in causes of action for injunctions.

Evidence and Recommendations

Evidence or recommendations must be presented in writing to the court with copies to each party and their attorney, or under oath at a hearing where all parties are present.

Real Estate and Mutual Orders

The section does not affect title to any real estate.
The court is prohibited from issuing mutual orders of protection, but can issue separate injunctions if each party complies with the section's provisions.

Filing a Petition

A petition for an injunction can be filed in the circuit where the petitioner currently or temporarily resides, where the respondent resides, or where the domestic violence occurred.
There is no minimum requirement of residency to petition for an injunction.

Filing Fees and Reimbursement

Filing fees for petitions for protection against domestic violence are prohibited.
The clerk of the circuit court can submit a certified request for reimbursement for petitions at the rate of 40perpetition,andpaylawenforcementagenciesupto40 per petition, and pay law enforcement agencies up to 40perpetition,andpaylawenforcementagenciesupto20 for serving the injunction.

Clerk's Assistance

The clerk of the court must assist petitioners in seeking injunctions and enforcement.
Clerks' offices must provide simplified petition forms and instructions for completion.
The clerk must advise petitioners of the opportunity to apply for a certificate of indigence in lieu of prepayment for the cost of the filing fee.
The clerk must ensure the petitioner's privacy while completing the forms.

Training and Resources

Clerks of court and appropriate staff must receive training in the effective assistance of petitioners.
Clerks must make available informational brochures on domestic violence from local certified domestic violence centers.
Clerks must distribute a statewide uniform informational brochure to petitioners at the time of filing for an injunction.

Sworn Petition

A sworn petition must allege the existence of domestic violence and include specific facts and circumstances upon which relief is sought.

Injunction for Protection Against Domestic Violence

Petition and Hearing: A sworn petition must be accompanied by or incorporate the allegations required by the Uniform Child Custody Jurisdiction and Enforcement Act; the court shall set a hearing to be held at the earliest possible time.
Service of Process: The respondent shall be personally served with a copy of the petition, financial affidavit, Uniform Child Custody Jurisdiction and Enforcement Act affidavit, if any, notice of hearing, and temporary injunction, if any, prior to the hearing.

Temporary Injunction

Ex Parte Injunction: If the court finds that an immediate and present danger of domestic violence exists, it may grant a temporary injunction ex parte, pending a full hearing.
Relief: The court may grant relief, including:
- Restraining the respondent from committing any acts of domestic violence.
- Awarding the petitioner the temporary exclusive use and possession of the dwelling or excluding the respondent from the residence.
- Providing the petitioner with a temporary parenting plan, including a time-sharing schedule.
- Awarding the petitioner the temporary exclusive care, possession, or control of an animal.

Full Hearing and Final Judgment

Full Hearing: A full hearing shall be set for a date no later than the date when the temporary injunction ceases to be effective.
Final Judgment: Upon notice and hearing, the court may grant a final judgment on injunction for protection against domestic violence.
Relief: The court may grant relief, including:
- Restraining the respondent from committing any acts of domestic violence.
- Awarding the petitioner the exclusive use and possession of the dwelling or excluding the respondent from the residence.
- Providing the petitioner with a parenting plan, including a time-sharing schedule.
- Ordering the respondent to participate in treatment, intervention, or counseling services.
- Awarding the petitioner the exclusive care, possession, or control of an animal.

Enforcement and Modification

Enforcement: The court may enforce a violation of an injunction for protection against domestic violence through a civil or criminal contempt proceeding, or the state attorney may prosecute it as a criminal violation.
Modification: Either party may move at any time to modify or dissolve the injunction; no specific allegations are required.

Other Provisions

Recording of Proceedings: All proceedings under this section shall be recorded.
Advocate Presence: The court shall allow an advocate from a state attorney’s office, an advocate from a law enforcement agency, or an advocate from a certified domestic violence center to be present with the petitioner or respondent during any court proceedings or hearings related to the injunction for protection.
Electronic Transmission: The clerk of the court shall electronically transmit a copy of the petition, financial affidavit, Uniform Child Custody Jurisdiction and Enforcement Act affidavit, if any, notice of hearing, and temporary injunction, if any, to the sheriff or a law enforcement agency of the county where the respondent resides or can be found.### Injunctions for Protection Against Domestic Violence
A respondent arrested by a law enforcement officer under s. 901.15(6) or for a violation of s. 741.31 shall be held in custody until brought before the court as expeditiously as possible for the purpose of enforcing the injunction and for admission to bail.

Violation of an Injunction for Protection Against Domestic Violence

Willfully violating an injunction for protection against domestic violence is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, except as provided in paragraph (c).
Violations include:
- Refusing to vacate the dwelling that the parties share
- Going to, or being within 500 feet of, the petitioner's residence, school, place of employment, or a specified place frequented regularly by the petitioner and any named family or household member
- Committing an act of domestic violence against the petitioner
- Committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the petitioner
- Telephoning, contacting, or otherwise communicating with the petitioner directly or indirectly, unless the injunction specifically allows indirect contact through a third party
- Knowingly and intentionally coming within 100 feet of the petitioner's motor vehicle, whether or not that vehicle is occupied
- Defacing or destroying the petitioner's personal property, including the petitioner's motor vehicle
- Refusing to surrender firearms or ammunition if ordered to do so by the court

Unlawful Action Against Employees Seeking Protection

An employer shall permit an employee to request and take up to 3 working days of leave from work in any 12-month period if the employee or a family or household member of an employee is the victim of domestic violence or sexual violence.
Leave may be with or without pay, at the discretion of the employer.
An employer may not interfere with, restrain, or deny the exercise of or any attempt by an employee to exercise any right provided under this section.

Recognition of Foreign Protection Orders

Pursuant to 18 U.S.C.s. 2265, an injunction for protection against domestic violence issued by a court of a foreign state must be accorded full faith and credit by the courts of this state and enforced by a law enforcement agency as if it were the order of a Florida court.
A protected person may present a certified copy of a foreign order of protection to any sheriff in this state and request that the same be registered in the injunction registry.
Law enforcement officers shall enforce foreign orders of protection as if they were entered by a court of this state.### Penalties for Providing False Information
Any person who intentionally provides a law enforcement officer with a false or invalid order of protection commits a misdemeanor of the first degree.
Penalties include punishment as provided in s. 775.082 or s. 775.083.

Domestic Violence Fatality Review Teams

Definition: An organization that reviews fatal and near-fatal incidents of domestic violence to learn how to prevent domestic violence by intervening early and improving the response of individuals and systems to domestic violence.
Membership: Representatives from law enforcement agencies, state attorneys, medical examiners, certified domestic violence centers, child protection service providers, and other agencies or organizations with knowledge about domestic violence fatalities, nonlethal incidents, or suicide.
Purpose: To identify how to prevent domestic violence by reviewing incidents, community resources, laws, and policies, and making recommendations to improve responses to domestic violence.
Activities: Review of events leading up to domestic violence incidents, available community resources, current laws and policies, actions taken by systems and individuals related to the incident, and any information deemed relevant by the team.

Liability and Confidentiality

Members of domestic violence fatality review teams are not liable for damages resulting from acts or proceedings undertaken within the scope of their functions, unless they acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property.
Information and records acquired by a domestic violence fatality review team are not subject to discovery or introduction into evidence in civil, criminal, administrative, or disciplinary proceedings.

BaĴerers' Intervention Programs

Purpose: To protect victims and their children and hold perpetrators of domestic violence accountable for their acts.
Requirements: Programs must meet specific requirements, including a primary focus on victim safety, holding the baĴerer accountable, and using a cognitive behavioral therapy or psychoeducational model that addresses tactics of power and control.
Funding: Programs are funded by user fees paid by baĴerers who attend the program, unless funded by local, state, or federal programs.

Certification and Monitoring of BaĴerers' Intervention Programs

The Department of Children and Families certifies and monitors baĴerers' intervention programs to ensure statewide consistency.
The department adopts rules to administer the certification process, including procedures for approval, suspension, or rejection of certification.

Legislative Findings and Purpose

The Legislature finds that persons attempting to escape from actual or threatened domestic violence frequently establish new addresses to prevent their 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.

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Description

This quiz covers the application process for a marriage license in Florida, including the role of county court judges and clerks of the circuit court. It also touches on the requirements and potential impediments to obtaining a marriage license.