State Politics

After 148 years, shacking up is legal again in Florida

A couple strolls on Lincoln Road holding hands.
A couple strolls on Lincoln Road holding hands. Miami Herald file photo

Congratulations, all you unmarried lovers in Florida who are shacking up together. You are no longer breaking the law.

Among the 20 new laws that Republican Gov. Rick Scott signed Wednesday is a bill that immediately repeals Florida’s 148-year-old ban on cohabitation.

The previous law, enacted in 1868, made it a second-degree misdemeanor — punishable by up to 60 days in jail and a $500 fine — for a man and a woman to “lewdly and lasciviously associate” and live together before marriage.

Florida had been one of only three states to still criminalize cohabitation. Now only Michigan and Mississippi make it illegal.

Lawmakers have for years bemoaned the outdated law and attempted to take it off the books.

The previous law, enacted in 1868, made it a second-degree misdemeanor — punishable by up to 60 days in jail and a $500 fine — for a man and a woman to “lewdly and lasciviously associate” and live together before marriage.

Sen. Eleanor Sobel, D-Hollywood, and Democratic Reps. Michelle Rehwinkel Vasilinda, of Tallahassee, and Richard Stark, of Weston, led the charge this year. During the 2016 session, they were finally successful in passing the repeal measure (SB 498) out of both chambers in early March, with supporters calling the law “antiquated” and unnecessary.

Criminal penalties for cohabitating were rarely enforced, but according to a legislative analysis, “cohabitation laws have been used as rationale to sanction people in a civil context.” For instance, in 1979, the state suspended a company’s liquor license after finding six company employees or representatives had violated the cohabitation law.

The repeal bill passed unanimously out of the Senate and was approved by the House by a 112-5 vote.

Five conservative Republicans opposed it. They were: Reps. Janet Adkins of Fernandina Beach, Brad Drake of Eucheeanna, Mike Hill of Pensacola Beach, Jennifer Sullivan of Mount Dora and Charles Van Zant of Keystone Heights. Shortly after the House vote, Rep. Ray Rodrigues, R-Estero, changed his vote to “no” also, but that doesn’t count in the official vote tally.

Meanwhile, Scott also signed SB 716, which calls for establishing a Florida Holocaust Memorial at the state Capitol Complex in Tallahassee.

And he signed a bill that renames a Broward County state park after two African-American pioneers.

SB 288 renames John U. Lloyd State Park as Von D. Mizell-Eula Johnson State Park. Mizell was Fort Lauderdale’s first black doctor and Johnson was the county’s first NAACP president.

In the years before the civil rights movement, Fort Lauderdale’s world famous beach was off limits to black residents, and they were restricted to what was then known as “Colored Beach” at John U. Lloyd State Park, just south of Port Everglades.

The park was originally named for a former county attorney who handled the paperwork creating the park, but Sen. Chris Smith — the Fort Lauderdale Democrat who sponsored the bill — said the time had come for the state to change its name.

“John Lloyd is a good man,” Smith said last month when the measure passed the Senate, “but now is a good time to acknowledge why we have the park.”

Kristen M. Clark: 850-222-3095, kclark@miamiherald.com, @ByKristenMClark

Signed into law

Gov. Rick Scott signed these bills into law on Wednesday:

▪  SB 88 Gold Star License Plates: Revises the list of military family members who are eligible for a Gold Star license plate.

▪  SB 90 A Natural Gas Rebate Program: Revises the application process for the Natural Gas Rebate Program.

▪  SB 100 Pollution Discharge Removal and Prevention: Revises certain provisions of the Petroleum Restoration Program and other contaminated site cleanup regulations.

▪  SB 218 Offenses Involving Electronic Benefits Transfer Cards: Enhances criminal penalties for public assistance fraud.

▪  SB 230 Missing Persons with Special Needs: Creates pilot programs to implement new search and rescue efforts in cases of missing persons with special needs.

▪  SB 288 State Designations: Renames the John U. Lloyd Beach State Park as the Von D. Mizell-Eula Johnson State Park and re-designates other structures within the park.

▪  SB 380 Violation of an Injunction for Protection: Increases penalties for offenders who commit three or more violations of a domestic violence injunction.

▪  SB 498 The Repeal of a Prohibition on Cohabitation: Repeals a law relating to cohabitation.

▪  SB 540 Estates: Revises the law relating to estates.

▪  SB 698 Alcoholic Beverages and Tobacco: Revises various provisions in the Florida Beverage Law.

▪  SB 716 The Florida Holocaust Memorial: Establishes the Florida Holocaust Memorial in the State Capitol Complex.

▪  SB 1106 International Trust Entities: Provides a one-year moratorium for organizations providing services to international trust entities.

▪  SB 1110 The Central Florida Expressway Authority: Makes administrative changes to the Central Florida Expressway Authority.

▪  SB 1170 Health Plan Regulatory Administration: Aligns Florida Statutes with federal law.

▪  SB 1176 Dredge and Fill Activities: Authorizes the Department of Environmental Protection to issue additional dredge and fill permits.

▪  SB 1202 Discounts on Public Park Entrance Fees and Transportation Fares: Provides discounts on park entrance fees and transportation fees for veterans.

▪  SB 1274 Limited Sinkhole Coverage Insurance: Allows insurers to offer a new type of limited sinkhole insurance coverage.

▪  SB 1288 Emergency Management: Revises definitions and establishes a statewide system to facilitate transport and distribution of essentials during a disaster.

▪  SB 1294 Victim and Witness Protection: Enhances protections for minors and victims.

▪  SB 1318 Shellfish Harvesting: Directs the Florida Fish and Wildlife Conservation Commission and the Department of Environmental Protection to protect shellfish beds and authorizes additional methods of shellfish harvesting.

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