§ 2-611. Registration, amendment, termination and administration procedures.  


Latest version.
  • (a)

    Registration.

    (1)

    Declaration of registered domestic partnership. A declaration of registered domestic partnership shall be filed with the clerk of the commission and shall contain the names and addresses of the applicants who shall swear or affirm under penalty of perjury that each partner:

    a.

    Is at least 18 years old and competent to contract;

    b.

    Is not married to, or a member of another registered domestic partnership or civil union, with anyone other than the co-applicant.

    c.

    Agrees to share the common necessities of life and to be responsible for each other's welfare.

    d.

    Considers the mutual residence to be his or her primary residence.

    e.

    Considers himself or herself to be a member of the immediate family of the other partner; and

    f.

    Agrees to mutually support the other by contributing in some fashion, not necessarily equally, to maintain and support the registered domestic partnership.

    g.

    Are not related by blood to one another in any way which would prohibit legal marriage in the State of Florida.

    (2)

    Each partner agrees to immediately notify the clerk of the commission, in writing, if the terms of the registered domestic partnership are no longer applicable or one of the domestic partners wishes to terminate the domestic partnership.

    (b)

    Amendment. Registered domestic partners may amend a registered domestic partnership previously filed with the clerk of the commission to show a change in his or her household address or to add or delete dependents. Amendments shall be signed by both members of the registered domestic partnership under penalty of perjury.

    (c)

    Termination.

    (1)

    Termination statement. A registered domestic partner may terminate the registered domestic partnership by filing a termination statement with the clerk of the commission. The person filing the termination statement shall swear or affirm under penalty of perjury that:

    a.

    The registered domestic partnership is to be terminated; and

    b

    If the termination statement is not signed by both registered domestic partners, a copy of the termination statement shall be served, by certified or registered mail, on the other registered domestic partner, and proof of service shall be filed with the clerk of the commission, and/or other good faith efforts are made to notify the other registered domestic partner, as described in an affidavit filed with the clerk of the commission.

    (2)

    Effective date. The termination shall become effective on the date of filing of the termination statement signed by both registered domestic partners or if the termination statement is not signed by both parties, on the date proof of service or a good faith efforts affidavit is filed with the clerk of the commission pursuant to subsection (c)(1)(b) above.

    (3)

    Automatic termination. A registered domestic partnership shall automatically terminate upon the following events:

    a.

    One of the domestic partners marries;

    b.

    One of the domestic partners dies;

    c.

    One of the domestic partners enters into a civil union with someone other than his or her registered domestic partner; or

    d.

    Registers with another domestic partner.

    (d)

    Administration.

    (1)

    Forms. The clerk of the commission shall provide forms for the establishment, amendment, and termination of registered domestic partnerships, and otherwise be responsible for implementing and interpreting the provisions of this article.

    (2)

    Certificate of registered domestic partnership. The clerk of the commission shall issue to the registered domestic partners a certificate of registered domestic partner no later than ten business days after the declaration of registered domestic partnership is filed.

    (3)

    Maintain records. The clerk of the commission shall maintain copies of the declaration of registered domestic partnerships, any and all amendments thereto, certificates of registered domestic partnership, and termination statements filed by registered domestic partners.

(Ord. No. 051224, § 1, 7-23-07; Ord. No. 080219, § 1, 9-4-08)