HB 1495

1
A bill to be entitled
2An act relating to marriage licenses; amending s.
3741.0405, F.S.; deleting provisions authorizing the court
4to issue a marriage license upon the sworn application
5that both minor applicants are the parents of a child or
6the expectant parents of a child; deleting provisions
7authorizing the court to issue a marriage license upon
8written verification by a physician and sworn application
9that the minor female applicant is an expectant parent;
10providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Section 741.0405, Florida Statutes, is amended
15to read:
16     741.0405  When marriage license may be issued to persons
17under 18 years.--
18     (1)  If either of the parties shall be under the age of 18
19years but at least 16 years of age, the county court judge or
20clerk of the circuit court shall issue a license for the
21marriage of such party only if there is first presented and
22filed with him or her the written consent of the parents or
23guardian of such minor to such marriage, acknowledged before
24some officer authorized by law to take acknowledgments and
25administer oaths. However, the license shall be issued without
26parental consent when both parents of such minor are deceased at
27the time of making application or when such minor has been
28married previously.
29     (2)  The county court judge of any county in the state may,
30in the exercise of his or her discretion, issue a license to
31marry to any male or female under the age of 18 years, upon
32application of both parties sworn under oath that they are the
33parents of a child.
34     (3)  When the fact of pregnancy is verified by the written
35statement of a licensed physician, the county court judge of any
36county in the state may, in his or her discretion, issue a
37license to marry:
38     (a)  To any male or female under the age of 18 years upon
39application of both parties sworn under oath that they are the
40expectant parents of a child; or
41     (b)  To any female under the age of 18 years and male over
42the age of 18 years upon the female's application sworn under
43oath that she is an expectant parent.
44     (2)(4)  No license to marry shall be granted to any person
45under the age of 16 years, with or without the consent of the
46parents, except as provided in subsections (2) and (3).
47     Section 2.  This act shall take effect July 1, 2006.


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