Collabortive Professionals Honor Florida Legislators

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Two hundred members of the Florida Academy of Collaborative Professionals (“FACP”) gathered in Tampa to honor Florida legislators and others for their leadership in passing the Collaborative Law Process Act (“CLPA”).  The CLPA, among other things, protects the privacy of families going through divorce.  It creates a statutory privilege (like the attorney-client privilege) that, except under limited circumstances, ensures that what is said during a collaborative divorce process cannot be used against a spouse in court.

In 2016, Senator Tom Lee introduced the CLPA bill in the Florida Senate.  Representative Cyndi Stevenson, with the support of Representative Dana Young, introduced a version in Florida’s House of Representatives.  All three were given awards by Florida’s statewide collaborative organization for helping to protect Florida’s families via the CLPA.

 

 

Pictured, from left to right, are Senator Tom Lee, Cole Jeffries, Robert Merlin, Judge Laurel Lee, Representative Dana Young, and Representative Cyndi Stevenson.

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Can 2 Men or 2 Women Appear on a Florida Birth Certificate?

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Florida has not had the best history when it comes to the rights of same-sex couples.  For the longest time, the state had a law on the books that gay men and women were forbidden from adopting a child.  Florida not only enacted a so-called Defense of Marriage Act statute but enshrined its opposition to same-sex marriage in the state’s constitution.  Further, even once Florida courts ruled that the state must recognize marriage between people of the same sex, it was unclear whether the state would permit same-sex divorce.

Fortunately, the state has come a long way.  The “gay adoption ban” is no longer on the books.  The U.S. Supreme Court has ruled that a ban on the issuance of marriage licenses to same-sex couples is unconstitutional, as is a refusal of one state to recognize a same-sex marriage solemnized in another state.  And it has become clear that circuit courts in Tampa Bay and around the state must give same-sex spouses the opportunity to dissolve their marriage.

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So, at this point, can two parents of the same sex appear on a Florida birth certificate?

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2016 Florida Alimony Reform Bill Vetoed

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The Tampa Bay Times is reporting that Florida Governor Rick Scott has vetoed SB 668, a bill that was intended to make large-scale changes to the state’s alimony and child custody laws.

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For the first time, the bill was set to create alimony guidelines that calculated a presumptive range for the amount and length of spousal support.  Further, the bill would have directed judges, when establishing custody schedules, to start out with the premise that each parent should have approximately an equal amount of time with children.

It was that second point that seemed to be the sticking point for Governor Scott.

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Governor Scott Signs Florida Collaborative Divorce Bill Into Law

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On March 24, 2016, Florida Governor Rick Scott signed HB 967, the “Collaborative Law Process Act,” making Florida the 14th state to have Collaborative Divorce codified in its laws.

Collaborative Divorce is a private form of dispute resolution where the parties agree from the outset to settle all matters outside of court.  Each party has his or her own attorney, and the attorneys are there solely to help the parties reach an agreement that is tailored for that family.  The attorneys are forbidden from engaging in opposition research or preparing for costly trials.

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Collaborative Law Process Act Protects Families’ Privacy

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Last Friday, the Florida Senate passed its version of HB-967, the Collaborative Law Process Act, priming Florida to become the 14th state to pass a version of the Uniform Collaborative Law Act.

The bill, which was voted on in the Florida Senate by 39-0 after passing the Florida House last month by 117-0, is now enrolled and expected to be signed by the governor.  At the earliest, the Collaborative Law Process Act becomes binding on July 1, 2016.  However, it may take longer, as the bill itself states that it will not go into effect until 30 days after the Florida Supreme Court adopts Rules of Procedure and Rules of Professional Responsibility consistent with the bill.  It is my understanding that proposed rules have been provided or will be provided to the Supreme Court.

[Update: On March 24, 2016, Governor Scott Signed the Collaborative Law Process Act]

The Collaborative Law Process Act, which applies to divorce, paternity, and other family law matters, does several things:

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Anti-Gay Language Stripped From Florida Adoption Laws

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Up until recently, chapter 63 of the Florida Statutes, which contains the state’s adoption laws, was explicitly anti-gay.  Chapter 63 and adoption case law stated that whether prospective parents could adopt a child should be based on the best interests of the child, with one exception.

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That exception was laid out in Florida Statutes section 63.042(3) (2014), which provided that “No person eligible to adopt under this statute may adopt if that person is a homosexual.”

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Florida Encourages Out-of-Court Dispute Resolution

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The following is part of an appellate brief that I wrote which outlines how the Florida legislature, the Florida Supreme Court, and the Thirteenth Judicial Circuit in and for Tampa encourages the settlement of disputes, especially in family law matters:

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Florida strongly encourages out-of court settlement of disputes. See Fla. Stat. § 61.001(2)(b)-(c) (the purposes of Chapter 61, among other things, are “(b) To promote the amicable settlement of disputes that arise between parties to a marriage; and (c) To mitigate the potential harm to the spouses and their children caused by the process of legal dissolution of marriage.”); In re Report of the Family Law Steering Committee, 794 So. 2d 518, 522-523 (Fla. 2001); see, also, Robbie v. City of Miami, 469 So. 2d 1384, 1385 (Fla. 1985) (“[s]ettlements are highly favored and will be enforced whenever possible.”).

In re Report finds, in part, the following:

The Florida Supreme Court should adopt the following guiding principles as a foundation for defining and implementing a model family court:

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3. All persons, whether children or adults, should be treated with objectivity, sensitivity, dignity, and respect.

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2015 Florida Alimony Reform – Proposed Factors for Alimony

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In a previous post, I wrote about Florida House Bill 943 and the proposed alimony guidelines contained in the bill.  Florida currently has no guidelines for alimony, and the bill creates formulas which would implement presumptive ranges for the amount and duration of alimony that a judge could order, making awards more predictable.

As an update to my prior post, HB 943 has been amended.  As of the date I am writing this, the years of marriage is multiplied by 1.5%, rather than 1.25%, in the formula to determine the low amount of alimony that a judge could order.  There are likely to be more changes to the bill before the it passes both houses of the Florida legislature and is signed into law (if, indeed, it makes it that far).

So, if the alimony guidelines become official, where in the range of amount and duration of alimony will any particular award fall?  The bill sets out certain factors to help a judge make this decision:

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Florida Alimony Reform 2015 – Florida Alimony Guidelines

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Many people are surprised to learn that, currently, Florida has no alimony guidelines.  Rather, it has a bunch of factors that a judge considers, such as lifestyle of the parties, each spouses’ contribution to the marriage, and the age and physical condition of each.  This has left many clients frustrated when they ask their attorneys how much alimony they should expect to pay or receive.

House Bill 943 looks to change this.

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Florida Same-Sex Marriage – Will I Be On My Child’s Birth Certificate?

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It has long been the law in Florida that when a child is born during an intact marriage between a man and a woman, the husband shall be placed on the birth certificate.  Generally, this is the case even if the husband is not the biological father of the child; the right of the child to be considered “legitimate” is so strong that it does not matter whether there is an actual genetic connection between the child and the father.

Now that Florida’s ban on same-sex marriage has been declared unconstitutional by a federal judge and marriage licenses are being provided to same-sex couples, will a hospital put a woman on a birth certificate if her wife gives birth?

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