Florida Senate - 2018                              CS for SB 140
       By the Committee on Judiciary; and Senators Benacquisto,
       Simpson, Book, Hutson, Perry, and Bracy
       590-00928-18                                           2018140c1
    1                        A bill to be entitled                      
    2         An act relating to marriage licenses; amending s.
    3         741.04, F.S.; providing that a marriage license may
    4         not be issued to a person under the age of 18 years;
    5         requiring parties to a marriage to file a written and
    6         signed affidavit with the county court judge or clerk
    7         of the circuit court before the judge or clerk may
    8         issue a marriage license; requiring such affidavit to
    9         include certain information; providing legislative
   10         intent; requiring each party to a marriage to provide
   11         his or her social security number or an alien
   12         registration number for purposes of child support
   13         enforcement; prohibiting a judge or clerk from issuing
   14         a marriage license unless he or she is presented with
   15         certain written statements; providing that the
   16         effective date of a marriage license must be delayed
   17         by 3 days if the parties to the marriage have not
   18         submitted valid certificates of completion of a
   19         premarital preparation course; providing exceptions;
   20         repealing s. 741.0405, F.S., relating to the issuance
   21         of marriage licenses to persons under 18 years of age;
   22         amending s. 741.05, F.S.; conforming cross-references;
   23         providing an effective date.
   25  Be It Enacted by the Legislature of the State of Florida:
   27         Section 1. Section 741.04, Florida Statutes, is amended to
   28  read:
   29         (Substantial rewording of section. See
   30         s. 741.04, F.S., for present text.)
   31         741.04 Issuance of marriage license.—
   32         (1)A county court judge or clerk of the circuit court may
   33  not issue a license to marry to any person younger than 18 years
   34  of age.
   35         (2) A county court judge or clerk of the circuit court may
   36  not issue a license to marry until the parties to the marriage
   37  file with the county court judge or clerk of the court a written
   38  and signed affidavit, made and subscribed before a person
   39  authorized by law to administer an oath, which provides:
   40         (a) The social security number or any other available
   41  identification number for each person.
   42         (b) The respective ages of the parties.
   43         (3) The submission of social security numbers as provided
   44  in this section is intended to support the federal Personal
   45  Responsibility and Work Opportunity Reconciliation Act of 1996.
   46  The state has a compelling interest in promoting not only
   47  marriage, but also responsible parenting, which may include the
   48  payment of child support. Any person who has been issued a
   49  social security number shall provide that number in satisfying
   50  the requirement in subsection (2). Social security numbers or
   51  other identification numbers obtained under this section may be
   52  used only for the purposes of administration in Title IV-D child
   53  support enforcement cases.
   54         (a) Any person who is not a citizen of the United States
   55  may provide either a social security number or an alien
   56  registration number issued by the United States Bureau of
   57  Citizenship and Immigration Services.
   58         (b) Any person who is not a citizen of the United States
   59  and who has not been issued a social security number or an alien
   60  registration number is encouraged to provide another form of
   61  identification.
   63  This subsection does not prohibit a county court judge or clerk
   64  of the circuit court from issuing a marriage license to
   65  individuals who are not citizens of the United States if one or
   66  both of them are unable to provide a social security number, an
   67  alien registration number, or another identification number.
   68         (4) A county court judge or clerk of the circuit court may
   69  not issue a license for the marriage of any person unless the
   70  county court judge or clerk of the circuit court is first
   71  presented with both of the following:
   72         (a) A written statement, signed by both parties, which
   73  specifies whether the parties, individually or together, have
   74  completed a premarital preparation course.
   75         (b) A written statement that verifies that both parties
   76  have obtained and read or otherwise accessed the information
   77  contained in the handbook or other electronic media presentation
   78  of the rights and responsibilities of parties to a marriage
   79  specified in s. 741.0306.
   80         (5) If a couple does not submit to the clerk of the circuit
   81  court valid certificates of completion of a premarital
   82  preparation course, the clerk shall delay the effective date of
   83  the marriage license by 3 days from the date of application, and
   84  the effective date must be printed on the marriage license in
   85  bold type. If a couple submits valid certificates of completion
   86  of a premarital preparation course, the effective date of the
   87  marriage license may not be delayed. The clerk shall grant
   88  exceptions to the delayed effective date requirement to non
   89  Florida residents and to couples asserting hardship. Marriage
   90  license fee waivers are available to all eligible couples. A
   91  county court judge issuing a marriage license may waive the
   92  delayed effective date requirement for Florida residents who
   93  demonstrate good cause.
   94         Section 2. Section 741.0405, Florida Statutes, is repealed.
   95         Section 3. Section 741.05, Florida Statutes, is amended to
   96  read:
   97         741.05 Penalty for violation of ss. 741.03, 741.04(2)
   98  741.04(1).—Any county court judge, clerk of the circuit court,
   99  or other person who violates shall violate any provision of ss.
  100  741.03 and 741.04(2) commits 741.04(1) shall be guilty of a
  101  misdemeanor of the first degree, punishable as provided in s.
  102  775.082 or s. 775.083.
  103         Section 4. This act shall take effect July 1, 2018.