CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                                   Bill No. HB 873

    Amendment No. 01 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  5                                           ORIGINAL STAMP BELOW

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11  The Committee on Judicial Oversight offered the following:

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13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

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16  and insert:

17         Section 1.  Section 741.04, Florida Statutes, is

18  amended to read:

19         741.04  Marriage licenses license issued.--Upon

20  completion of the requirements of this section, a county court

21  judge or clerk of the circuit court in this state shall issue

22  a marriage license.

23         (1)  The applicants for a marriage license shall file

24  No county court judge or clerk of the circuit court in this

25  state shall issue a license for the marriage of any person

26  unless there shall be first presented and filed with him or

27  her an affidavit in writing, signed by both applicants for a

28  marriage license parties to the marriage, attesting to the

29  following:

30         (a)  That providing the social security numbers or any

31  other available identification numbers of each party, made and

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    File original & 9 copies    02/22/02
    hjo0005                     10:41 am         00873-jo  -214357




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 873

    Amendment No. 01 (for drafter's use only)





  1  subscribed before some person authorized by law to administer

  2  an oath, reciting the true and correct ages of such parties;

  3  unless both such parties shall be over the age of 18 years,

  4  except as provided in s. 741.0405; and unless one party is a

  5  male and the other party is a female.

  6         (b)  The birthdate of each of the parties.

  7         (c)  That both parties have obtained and read or

  8  otherwise accessed the information contained in the handbook

  9  or other electronic media presentation of the rights and

10  responsibilities of parties to a marriage specified in s.

11  741.0306.

12         (d)  The social security number of each party.

13  Pursuant to the federal Personal Responsibility and Work

14  Opportunity Reconciliation Act of 1996, each party is required

15  to provide his or her social security number in accordance

16  with this section. The state has a compelling interest in

17  promoting not only marriage but also responsible parenting,

18  which may include the payment of child support. Any person who

19  has been issued a social security number shall provide that

20  number. Disclosure of social security numbers or other

21  identification numbers obtained through this requirement shall

22  be limited to the purpose of administration of the Title IV-D

23  program for child support enforcement. The state has a

24  compelling interest in promoting not only marriage but also

25  responsible parenting, which may include the payment of child

26  support.  Any person who is not a citizen of the United States

27  may provide either and who does not have a social security

28  number shall provide or an alien registration number if one

29  has been issued by the United States Immigration and

30  Naturalization Service. Any person who is not a citizen of the

31  United States and who has not been issued a social security

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    File original & 9 copies    02/22/02
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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 873

    Amendment No. 01 (for drafter's use only)





  1  number or an alien registration number is encouraged to

  2  provide another form of identification., however, nothing in

  3  this subsection paragraph shall be construed to prohibit the

  4  issuance of mean that a county court judge or clerk of the

  5  circuit court in this state shall not issue a marriage license

  6  to individuals who are not citizens of the United States if

  7  one or both of the parties have complied with paragraphs (a),

  8  (b), and (c), but are unable to provide a social security

  9  number, alien registration number, or other identification

10  number for the sole purpose of child support enforcement.

11         (2)  If any applicant for a marriage license shall not

12  have obtained the age of 18 years, the party must additionally

13  show that he or she has complied with the requirements of s.

14  741.0405 before issuance of the marriage license.

15         (3)  No county court judge or clerk of the circuit

16  court in this state shall issue a license for the marriage of

17  any person unless there shall be first presented and filed

18  with him or her:

19         (a)  A statement in writing, signed by both parties,

20  which specifies whether the parties, separately or together,

21  have completed The applicants for a marriage license shall

22  present a valid certificate of completion of a premarital

23  preparation course by each party to the marriage.

24         (b)  A statement that verifies that both parties have

25  obtained and read or otherwise accessed the information

26  contained in the handbook or other electronic media

27  presentation of the rights and responsibilities of parties to

28  a marriage specified in s. 741.0306.

29         (3)  If a couple has not submitted to the clerk  both

30  parties cannot show valid certificates of completion of a

31  premarital preparation course, the effective date of the

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    File original & 9 copies    02/22/02
    hjo0005                     10:41 am         00873-jo  -214357




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 873

    Amendment No. 01 (for drafter's use only)





  1  marriage license shall be delayed 3 days from the date of

  2  application. The effective date shall be printed on the

  3  marriage license in bold print. If a couple has submitted

  4  valid certificates of completion of a premarital preparation

  5  course, the effective date of the marriage license shall not

  6  be delayed. Exceptions to the delayed effective date must be

  7  granted to non-Florida residents seeking a marriage license

  8  from the state and for individuals asserting hardship.

  9  Marriage license fee waivers shall continue to be available to

10  all eligible individuals. For state residents, a county court

11  judge issuing a marriage license may waive the delayed

12  effective date for good cause.

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15  ================ T I T L E   A M E N D M E N T ===============

16  And the title is amended as follows:

17         On page 1, lines 2-14,

18  remove:  all of said lines

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20  and insert:

21         An act relating to marriage licenses; amending

22         s. 741.04, F.S.; requiring that, for purposes

23         of obtaining a marriage license, a person must

24         complete an affidavit attesting to age, gender

25         and having obtained and accessed handbook

26         information; providing that a person who is a

27         citizen of the United States shall provide a

28         social security number; providing that a person

29         who is not a citizen of the United States

30         should provide a social security number, alien

31         registration number, or other form of

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    File original & 9 copies    02/22/02
    hjo0005                     10:41 am         00873-jo  -214357




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 873

    Amendment No. 01 (for drafter's use only)





  1         identification if available; provides that a

  2         person who is not a citizen of the United

  3         States may not be denied a marriage license if

  4         the affidavit requirements have been met but no

  5         other identification number is available;

  6         providing an effective date.

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    File original & 9 copies    02/22/02
    hjo0005                     10:41 am         00873-jo  -214357