Bill Text: FL S0140 | 2018 | Regular Session | Comm Sub
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-Comm_Sub.html
Bill Title: Marriage Licenses
Spectrum: Bipartisan Bill
Status: (Passed) 2018-03-26 - Chapter No. 2018-81 [S0140 Detail]
Download: Florida-2018-S0140-Comm_Sub.html
Florida Senate - 2018 CS for SB 140 By the Committee on Judiciary; and Senators Benacquisto, Simpson, Book, Hutson, Perry, and Bracy 590-00928-18 2018140c1 1 A bill to be entitled 2 An act relating to marriage licenses; amending s. 3 741.04, F.S.; providing that a marriage license may 4 not be issued to a person under the age of 18 years; 5 requiring parties to a marriage to file a written and 6 signed affidavit with the county court judge or clerk 7 of the circuit court before the judge or clerk may 8 issue a marriage license; requiring such affidavit to 9 include certain information; providing legislative 10 intent; requiring each party to a marriage to provide 11 his or her social security number or an alien 12 registration number for purposes of child support 13 enforcement; prohibiting a judge or clerk from issuing 14 a marriage license unless he or she is presented with 15 certain written statements; providing that the 16 effective date of a marriage license must be delayed 17 by 3 days if the parties to the marriage have not 18 submitted valid certificates of completion of a 19 premarital preparation course; providing exceptions; 20 repealing s. 741.0405, F.S., relating to the issuance 21 of marriage licenses to persons under 18 years of age; 22 amending s. 741.05, F.S.; conforming cross-references; 23 providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Section 741.04, Florida Statutes, is amended to 28 read: 29 (Substantial rewording of section. See 30 s. 741.04, F.S., for present text.) 31 741.04 Issuance of marriage license.— 32 (1) A county court judge or clerk of the circuit court may 33 not issue a license to marry to any person younger than 18 years 34 of age. 35 (2) A county court judge or clerk of the circuit court may 36 not issue a license to marry until the parties to the marriage 37 file with the county court judge or clerk of the court a written 38 and signed affidavit, made and subscribed before a person 39 authorized by law to administer an oath, which provides: 40 (a) The social security number or any other available 41 identification number for each person. 42 (b) The respective ages of the parties. 43 (3) The submission of social security numbers as provided 44 in this section is intended to support the federal Personal 45 Responsibility and Work Opportunity Reconciliation Act of 1996. 46 The state has a compelling interest in promoting not only 47 marriage, but also responsible parenting, which may include the 48 payment of child support. Any person who has been issued a 49 social security number shall provide that number in satisfying 50 the requirement in subsection (2). Social security numbers or 51 other identification numbers obtained under this section may be 52 used only for the purposes of administration in Title IV-D child 53 support enforcement cases. 54 (a) Any person who is not a citizen of the United States 55 may provide either a social security number or an alien 56 registration number issued by the United States Bureau of 57 Citizenship and Immigration Services. 58 (b) Any person who is not a citizen of the United States 59 and who has not been issued a social security number or an alien 60 registration number is encouraged to provide another form of 61 identification. 62 63 This subsection does not prohibit a county court judge or clerk 64 of the circuit court from issuing a marriage license to 65 individuals who are not citizens of the United States if one or 66 both of them are unable to provide a social security number, an 67 alien registration number, or another identification number. 68 (4) A county court judge or clerk of the circuit court may 69 not issue a license for the marriage of any person unless the 70 county court judge or clerk of the circuit court is first 71 presented with both of the following: 72 (a) A written statement, signed by both parties, which 73 specifies whether the parties, individually or together, have 74 completed a premarital preparation course. 75 (b) A written statement that verifies that both parties 76 have obtained and read or otherwise accessed the information 77 contained in the handbook or other electronic media presentation 78 of the rights and responsibilities of parties to a marriage 79 specified in s. 741.0306. 80 (5) If a couple does not submit to the clerk of the circuit 81 court valid certificates of completion of a premarital 82 preparation course, the clerk shall delay the effective date of 83 the marriage license by 3 days from the date of application, and 84 the effective date must be printed on the marriage license in 85 bold type. If a couple submits valid certificates of completion 86 of a premarital preparation course, the effective date of the 87 marriage license may not be delayed. The clerk shall grant 88 exceptions to the delayed effective date requirement to non 89 Florida residents and to couples asserting hardship. Marriage 90 license fee waivers are available to all eligible couples. A 91 county court judge issuing a marriage license may waive the 92 delayed effective date requirement for Florida residents who 93 demonstrate good cause. 94 Section 2. Section 741.0405, Florida Statutes, is repealed. 95 Section 3. Section 741.05, Florida Statutes, is amended to 96 read: 97 741.05 Penalty for violation of ss. 741.03, 741.04(2) 98741.04(1).—Any county court judge, clerk of the circuit court, 99 or other person who violatesshall violateany provision of ss. 100 741.03 and 741.04(2) commits741.04(1)shall be guilty ofa 101 misdemeanor of the first degree, punishable as provided in s. 102 775.082 or s. 775.083. 103 Section 4. This act shall take effect July 1, 2018.