Bill Amendment: FL S0140 | 2018 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Marriage Licenses
Status: 2018-03-26 - Chapter No. 2018-81 [S0140 Detail]
Download: Florida-2018-S0140-Senate_Floor_S_Amend_to_H_Amend_923493_756720.html
Bill Title: Marriage Licenses
Status: 2018-03-26 - Chapter No. 2018-81 [S0140 Detail]
Download: Florida-2018-S0140-Senate_Floor_S_Amend_to_H_Amend_923493_756720.html
Florida Senate - 2018 SENATOR AMENDMENT Bill No. CS for CS for SB 140 Ì756720ÉÎ756720 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/RM . 03/05/2018 07:44 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Benacquisto moved the following: 1 Senate Amendment to House Amendment (923493) (with title 2 amendment) 3 4 Delete lines 5 - 44 5 and insert: 6 Section 1. Section 741.04, Florida Statutes, is amended to 7 read: 8 (Substantial rewording of section. See 9 s. 741.04, F.S., for present text.) 10 741.04 Issuance of marriage license.— 11 (1) A county court judge or clerk of the circuit court may 12 not issue a license to marry to any person younger than 18 years 13 of age, unless: 14 (a) The person is at least 17 years of age and provides the 15 written consent of his or her parents or legal guardian, which 16 is acknowledged by an officer authorized by law to take 17 acknowledgements and administer oaths; and 18 (b) The older party to the marriage is not more than 2 19 years older than the younger party to the marriage. 20 (2) A county court judge or clerk of the circuit court may 21 not issue a license to marry until the parties to the marriage 22 file with the county court judge or clerk of the court a written 23 and signed affidavit, made and subscribed before a person 24 authorized by law to administer an oath, which provides: 25 (a) The social security number or any other available 26 identification number for each person. 27 (b) The respective ages of the parties. 28 (3) The submission of social security numbers as provided 29 in this section is intended to support the federal Personal 30 Responsibility and Work Opportunity Reconciliation Act of 1996. 31 The state has a compelling interest in promoting not only 32 marriage, but also responsible parenting, which may include the 33 payment of child support. Any person who has been issued a 34 social security number shall provide that number in satisfying 35 the requirement in subsection (2). Social security numbers or 36 other identification numbers obtained under this section may be 37 used only for the purposes of administration in Title IV-D child 38 support enforcement cases. 39 (a) Any person who is not a citizen of the United States 40 may provide either a social security number or an alien 41 registration number issued by the United States Bureau of 42 Citizenship and Immigration Services. 43 (b) Any person who is not a citizen of the United States 44 and who has not been issued a social security number or an alien 45 registration number is encouraged to provide another form of 46 identification. 47 48 This subsection does not prohibit a county court judge or clerk 49 of the circuit court from issuing a marriage license to 50 individuals who are not citizens of the United States if one or 51 both of them are unable to provide a social security number, an 52 alien registration number, or another identification number. 53 (4) A county court judge or clerk of the circuit court may 54 not issue a license for the marriage of any person unless the 55 county court judge or clerk of the circuit court is first 56 presented with both of the following: 57 (a) A written statement, signed by both parties, which 58 specifies whether the parties, individually or together, have 59 completed a premarital preparation course. 60 (b) A written statement that verifies that both parties 61 have obtained and read or otherwise accessed the information 62 contained in the handbook or other electronic media presentation 63 of the rights and responsibilities of parties to a marriage 64 specified in s. 741.0306. 65 (5) If a couple does not submit to the clerk of the circuit 66 court valid certificates of completion of a premarital 67 preparation course, the clerk shall delay the effective date of 68 the marriage license by 3 days from the date of application, and 69 the effective date must be printed on the marriage license in 70 bold type. If a couple submits valid certificates of completion 71 of a premarital preparation course, the effective date of the 72 marriage license may not be delayed. The clerk shall grant 73 exceptions to the delayed effective date requirement to non 74 Florida residents and to couples asserting hardship. Marriage 75 license fee waivers are available to all eligible couples. A 76 county court judge issuing a marriage license may waive the 77 delayed effective date requirement for Florida residents who 78 demonstrate good cause. 79 Section 2. Section 741.0405, Florida Statutes, is repealed. 80 Section 3. Section 741.05, Florida Statutes, is amended to 81 read: 82 741.05 Penalty for violation of ss. 741.03, 741.04(2) 83741.04(1).—Any county court judge, clerk of the circuit court, 84 or other person who violates s. 741.03 or s. 741.04(2) commits 85shallviolate any provision of ss. 741.03 and741.04(1)shall be86guilty ofa misdemeanor of the first degree, punishable as 87 provided in s. 775.082 or s. 775.083. 88 89 ================= T I T L E A M E N D M E N T ================ 90 And the title is amended as follows: 91 Delete lines 51 - 57 92 and insert: 93 An act relating to marriage licenses; amending s. 94 741.04, F.S.; providing that a marriage license may 95 not be issued to a person under the age of 18 years 96 except under certain circumstances; requiring parties 97 to a marriage to file a written and signed affidavit 98 with the county court judge or clerk of the circuit 99 court before the judge or clerk may issue a marriage 100 license; requiring such affidavit to include certain 101 information; providing legislative intent; requiring 102 each party to a marriage to provide his or her social 103 security number or an alien registration number for 104 purposes of child support enforcement; prohibiting a 105 judge or clerk from issuing a marriage license unless 106 he or she is presented with certain written 107 statements; providing that the effective date of a 108 marriage license must be delayed by 3 days if the 109 parties to the marriage have not submitted valid 110 certificates of completion of a premarital preparation 111 course; providing exceptions; repealing s. 741.0405, 112 F.S., relating to the issuance of marriage licenses to 113 persons under 18 years of age; amending s. 741.05, 114 F.S.; clarifying that a county court judge or clerk of 115 a circuit court commits a misdemeanor if he or she 116 issues a blank marriage license or if he or she issues 117 a marriage license without obtaining the ages and 118 identification numbers of the parties; conforming 119 cross-references; providing