Florida Senate - 2016                                     SB 512
       
       
        
       By Senator Soto
       
       
       
       
       
       14-00646-16                                            2016512__
    1                        A bill to be entitled                      
    2         An act relating to marriage; amending s. 741.04, F.S.;
    3         deleting a requirement that a marriage license may be
    4         issued by a county court judge or clerk of the circuit
    5         court in this state only if one party to the marriage
    6         is male and the other party is female; amending s.
    7         741.212, F.S.; deleting a provision specifying that,
    8         for the purpose of interpreting any state law or rule,
    9         the term “marriage” means only a legal union between
   10         one man and one woman as husband and wife and that the
   11         term “spouse” applies only to a member of such a
   12         union; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (1) of section 741.04, Florida
   17  Statutes, is amended to read:
   18         741.04 Marriage license issued.—
   19         (1) No county court judge or clerk of the circuit court in
   20  this state shall issue a license for the marriage of any person
   21  unless there shall be first presented and filed with him or her
   22  an affidavit in writing, signed by both parties to the marriage,
   23  providing the social security numbers or any other available
   24  identification numbers of each party, made and subscribed before
   25  some person authorized by law to administer an oath, reciting
   26  the true and correct ages of such parties and; unless both such
   27  parties shall be over the age of 18 years, except as provided in
   28  s. 741.0405; and unless one party is a male and the other party
   29  is a female. Pursuant to the federal Personal Responsibility and
   30  Work Opportunity Reconciliation Act of 1996, each party is
   31  required to provide his or her social security number in
   32  accordance with this section. The state has a compelling
   33  interest in promoting not only marriage but also responsible
   34  parenting, which may include the payment of child support. Any
   35  person who has been issued a social security number shall
   36  provide that number. Disclosure of social security numbers or
   37  other identification numbers obtained through this requirement
   38  shall be limited to the purpose of administration of the Title
   39  IV-D program for child support enforcement. Any person who is
   40  not a citizen of the United States may provide either a social
   41  security number or an alien registration number if one has been
   42  issued by the United States Bureau of Citizenship and
   43  Immigration Services. Any person who is not a citizen of the
   44  United States and who has not been issued a social security
   45  number or an alien registration number is encouraged to provide
   46  another form of identification. Nothing in this subsection shall
   47  be construed to mean that a county court judge or clerk of the
   48  circuit court in this state may shall not issue a marriage
   49  license to individuals who are not citizens of the United States
   50  if one or both of the parties are unable to provide a social
   51  security number, alien registration number, or other
   52  identification number.
   53         Section 2. Subsection (3) of section 741.212, Florida
   54  Statutes, is amended to read:
   55         741.212 Marriages between persons of the same sex.—
   56         (3) For purposes of interpreting any state statute or rule,
   57  the term “marriage” means only a legal union between one man and
   58  one woman as husband and wife, and the term “spouse” applies
   59  only to a member of such a union.
   60         Section 3. This act shall take effect July 1, 2016.