Florida Senate - 2018 SENATOR AMENDMENT
Bill No. CS for CS for SB 140
Ì756720ÉÎ756720
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/RM . Floor: C
03/05/2018 07:44 PM . 03/09/2018 10:49 AM
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Senator Benacquisto moved the following:
1 Senate Amendment to House Amendment (923493) (with title
2 amendment)
3
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.
47
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.
88
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