House Bill hb0873

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    Florida House of Representatives - 2002                 HB 873

        By Representative Davis






  1                      A bill to be entitled

  2         An act relating to marriage licenses; amending

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

  4         of obtaining a marriage license, a person who

  5         is not a citizen of the United States and who

  6         does not have a social security number or alien

  7         registration number must present a valid

  8         passport and, under certain circumstances, a

  9         valid visa; eliminating provisions authorizing

10         a county court judge or clerk of the circuit

11         court to issue a marriage license to

12         noncitizens if one or both of the parties are

13         unable to provide the required identification;

14         providing an effective date.

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16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Subsection (1) of section 741.04, Florida

19  Statutes, is amended to read:

20         741.04  Marriage license issued.--

21         (1)  No county court judge or clerk of the circuit

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

23  any person unless there shall be first presented and filed

24  with him or her an affidavit in writing, signed by both

25  parties to the marriage, providing the social security numbers

26  or any other available identification numbers of each party,

27  made and subscribed before some person authorized by law to

28  administer an oath, reciting the true and correct ages of such

29  parties; unless both such parties shall be over the age of 18

30  years, except as provided in s. 741.0405; and unless one party

31  is a male and the other party is a female.  Pursuant to the

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    Florida House of Representatives - 2002                 HB 873

    759-110-02






  1  federal Personal Responsibility and Work Opportunity

  2  Reconciliation Act of 1996, each party is required to provide

  3  his or her social security number in accordance with this

  4  section. The state has a compelling interest in promoting not

  5  only marriage but also responsible parenting, which may

  6  include the payment of child support. Any person who has been

  7  issued a social security number shall provide that number.

  8  Disclosure of social security numbers or other identification

  9  numbers obtained through this requirement shall be limited to

10  the purpose of administration of the Title IV-D program for

11  child support enforcement. Any person who is not a citizen of

12  the United States may provide either a social security number

13  or an alien registration number if one has been issued by the

14  United States Immigration and Naturalization Service. Any

15  person who is not a citizen of the United States and who has

16  not been issued a social security number or an alien

17  registration number must is encouraged to provide a valid,

18  current, and unexpired passport and, when required by federal

19  law, a valid visa another form of identification. Nothing in

20  this subsection shall be construed to mean that a county court

21  judge or clerk of the circuit court in this state shall not

22  issue a marriage license to individuals who are not citizens

23  of the United States if one or both of the parties are unable

24  to provide a social security number, alien registration

25  number, or other identification number.

26         Section 2.  This act shall take effect upon becoming a

27  law.

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    Florida House of Representatives - 2002                 HB 873

    759-110-02






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  2                          SENATE SUMMARY

  3    Requires that a person who is not a citizen of the United
      States and who does not have a social security number or
  4    alien registration number provide a valid passport and,
      if required by federal law, a valid visa to the county
  5    court judge or clerk of the circuit court in order to
      obtain a marriage license. Eliminates provisions allowing
  6    a judge or clerk of court to issue a marriage license to
      individuals who are not citizens of the United States and
  7    who do not provide the required identification.

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