Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 140
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Judiciary (Benacquisto) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 741.04, Florida Statutes, is amended to
    6  read:
    7         (Substantial rewording of section. See
    8         s. 741.04, F.S., for present text.)
    9         741.04 Issuance of marriage license.—
   10         (1)A county court judge or clerk of the circuit court may
   11  not issue a license to marry to any person younger than 18 years
   12  of age.
   13         (2) A county court judge or clerk of the circuit court may
   14  not issue a license to marry until the parties to the marriage
   15  file with the county court judge or clerk of the court a written
   16  and signed affidavit, made and subscribed before a person
   17  authorized by law to administer an oath, which provides:
   18         (a) The social security number or any other available
   19  identification number for each person.
   20         (b) The respective ages of the parties.
   21         (3) The submission of social security numbers as provided
   22  in this section is intended to support the federal Personal
   23  Responsibility and Work Opportunity Reconciliation Act of 1996.
   24  The state has a compelling interest in promoting not only
   25  marriage, but also responsible parenting, which may include the
   26  payment of child support. Any person who has been issued a
   27  social security number shall provide that number in satisfying
   28  the requirement in subsection (2). Social security numbers or
   29  other identification numbers obtained under this section may be
   30  used only for the purposes of administration in Title IV-D child
   31  support enforcement cases.
   32         (a) Any person who is not a citizen of the United States
   33  may provide either a social security number or an alien
   34  registration number issued by the United States Bureau of
   35  Citizenship and Immigration Services.
   36         (b) Any person who is not a citizen of the United States
   37  and who has not been issued a social security number or an alien
   38  registration number is encouraged to provide another form of
   39  identification.
   41  This subsection does not prohibit a county court judge or clerk
   42  of the circuit court from issuing a marriage license to
   43  individuals who are not citizens of the United States if one or
   44  both of them are unable to provide a social security number, an
   45  alien registration number, or another identification number.
   46         (4) A county court judge or clerk of the circuit court may
   47  not issue a license for the marriage of any person unless the
   48  county court judge or clerk of the circuit court is first
   49  presented with both of the following:
   50         (a) A written statement, signed by both parties, which
   51  specifies whether the parties, individually or together, have
   52  completed a premarital preparation course.
   53         (b) A written statement that verifies that both parties
   54  have obtained and read or otherwise accessed the information
   55  contained in the handbook or other electronic media presentation
   56  of the rights and responsibilities of parties to a marriage
   57  specified in s. 741.0306.
   58         (5) If a couple does not submit to the clerk of the circuit
   59  court valid certificates of completion of a premarital
   60  preparation course, the clerk shall delay the effective date of
   61  the marriage license by 3 days from the date of application, and
   62  the effective date must be printed on the marriage license in
   63  bold type. If a couple submits valid certificates of completion
   64  of a premarital preparation course, the effective date of the
   65  marriage license may not be delayed. The clerk shall grant
   66  exceptions to the delayed effective date requirement to non
   67  Florida residents and to couples asserting hardship. Marriage
   68  license fee waivers are available to all eligible couples. A
   69  county court judge issuing a marriage license may waive the
   70  delayed effective date requirement for Florida residents who
   71  demonstrate good cause.
   72         Section 2. Section 741.0405, Florida Statutes, is repealed.
   73         Section 3. Section 741.05, Florida Statutes, is amended to
   74  read:
   75         741.05 Penalty for violation of ss. 741.03, 741.04(2)
   76  741.04(1).—Any county court judge, clerk of the circuit court,
   77  or other person who violates shall violate any provision of ss.
   78  741.03 and 741.04(2) commits 741.04(1) shall be guilty of a
   79  misdemeanor of the first degree, punishable as provided in s.
   80  775.082 or s. 775.083.
   81         Section 4. This act shall take effect July 1, 2018.
   83  ================= T I T L E  A M E N D M E N T ================
   84  And the title is amended as follows:
   85         Delete everything before the enacting clause
   86  and insert:
   87                        A bill to be entitled                      
   88         An act relating to marriage licenses; amending s.
   89         741.04, F.S.; providing that a marriage license may
   90         not be issued to a person under the age of 18 years;
   91         requiring parties to a marriage to file a written and
   92         signed affidavit with the county court judge or clerk
   93         of the circuit court before the judge or clerk may
   94         issue a marriage license; requiring such affidavit to
   95         include certain information; providing legislative
   96         intent; requiring each party to a marriage to provide
   97         his or her social security number or an alien
   98         registration number for purposes of child support
   99         enforcement; prohibiting a judge or clerk from issuing
  100         a marriage license unless he or she is presented with
  101         certain written statements; providing that the
  102         effective date of a marriage license must be delayed
  103         by 3 days if the parties to the marriage have not
  104         submitted valid certificates of completion of a
  105         premarital preparation course; providing exceptions;
  106         repealing s. 741.0405, F.S., relating to the issuance
  107         of marriage licenses to persons under 18 years of age;
  108         amending s. 741.05, F.S.; conforming cross-references;
  109         providing an effective date.