Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 140
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/RM         .            Floor: C            
             03/05/2018 07:44 PM       .      03/09/2018 10:49 AM       

       Senator Benacquisto moved the following:
    1         Senate Amendment to House Amendment (923493) (with title
    2  amendment)
    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.
   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)
   83  741.04(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
   85  shall violate any provision of ss. 741.03 and 741.04(1) shall be
   86  guilty of a misdemeanor of the first degree, punishable as
   87  provided in s. 775.082 or s. 775.083.
   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