Bill Text: FL S0140 | 2018 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Marriage Licenses

Spectrum: Bipartisan Bill

Status: (Passed) 2018-03-26 - Chapter No. 2018-81 [S0140 Detail]

Download: Florida-2018-S0140-Introduced.html
       Florida Senate - 2018                                     SB 140
       
       
        
       By Senator Benacquisto
       
       
       
       
       
       27-00129A-18                                           2018140__
    1                        A bill to be entitled                      
    2         An act relating to marriage of minors; amending s.
    3         741.0405, F.S.; prohibiting the issuance of a marriage
    4         license to any person under the age of 18 years;
    5         amending s. 741.04, F.S.; conforming a provision to
    6         changes made by the act; providing an effective date.
    7  
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Section 741.0405, Florida Statutes, is amended
   11  to read:
   12         741.0405 When Marriage license may not be issued to persons
   13  under 18 years.—
   14         (1) If either of the parties shall be under the age of 18
   15  years but at least 16 years of age, the county court judge or
   16  clerk of the circuit court shall issue a license for the
   17  marriage of such party only if there is first presented and
   18  filed with him or her the written consent of the parents or
   19  guardian of such minor to such marriage, acknowledged before
   20  some officer authorized by law to take acknowledgments and
   21  administer oaths. However, the license shall be issued without
   22  parental consent when both parents of such minor are deceased at
   23  the time of making application or when such minor has been
   24  married previously.
   25         (2) The county court judge of any county in the state may,
   26  in the exercise of his or her discretion, issue a license to
   27  marry to any male or female under the age of 18 years, upon
   28  application of both parties sworn under oath that they are the
   29  parents of a child.
   30         (3) When the fact of pregnancy is verified by the written
   31  statement of a licensed physician, the county court judge of any
   32  county in the state may, in his or her discretion, issue a
   33  license to marry:
   34         (a) To any male or female under the age of 18 years upon
   35  application of both parties sworn under oath that they are the
   36  expectant parents of a child; or
   37         (b) To any female under the age of 18 years and male over
   38  the age of 18 years upon the female’s application sworn under
   39  oath that she is an expectant parent.
   40         (4)A No license to marry may not shall be issued granted
   41  to any person under the age of 18 16 years, with or without the
   42  consent of the parents, except as provided in subsections (2)
   43  and (3).
   44         Section 2. Subsection (1) of section 741.04, Florida
   45  Statutes, is amended to read:
   46         741.04 Marriage license issued.—
   47         (1) A No county court judge or clerk of the circuit court
   48  in this state may not shall issue a license for the marriage of
   49  any person unless there is shall be first presented and filed
   50  with him or her an affidavit in writing, signed by both parties
   51  to the marriage, providing the social security numbers or any
   52  other available identification numbers of each party, made and
   53  subscribed before some person authorized by law to administer an
   54  oath, reciting the true and correct ages of such parties; unless
   55  both such parties shall be over the age of 18 years, except as
   56  provided in s. 741.0405; and unless one party is a male and the
   57  other party is a female. Pursuant to the federal Personal
   58  Responsibility and Work Opportunity Reconciliation Act of 1996,
   59  each party is required to provide his or her social security
   60  number in accordance with this section. The state has a
   61  compelling interest in promoting not only marriage but also
   62  responsible parenting, which may include the payment of child
   63  support. Any person who has been issued a social security number
   64  shall provide that number. Disclosure of social security numbers
   65  or other identification numbers obtained through this
   66  requirement shall be limited to the purpose of administration of
   67  the Title IV-D program for child support enforcement. Any person
   68  who is not a citizen of the United States may provide either a
   69  social security number or an alien registration number if one
   70  has been issued by the United States Bureau of Citizenship and
   71  Immigration Services. Any person who is not a citizen of the
   72  United States and who has not been issued a social security
   73  number or an alien registration number is encouraged to provide
   74  another form of identification. Nothing in this subsection shall
   75  be construed to mean that a county court judge or clerk of the
   76  circuit court in this state shall not issue a marriage license
   77  to individuals who are not citizens of the United States if one
   78  or both of the parties are unable to provide a social security
   79  number, alien registration number, or other identification
   80  number.
   81         Section 3. This act shall take effect July 1, 2018.

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