Florida Senate - 2018                       CS for CS for SB 140
       By the Committees on Rules; and Judiciary; and Senators
       Benacquisto, Simpson, Book, Hutson, Perry, Bracy, Torres,
       Rodriguez, Campbell, Taddeo, Baxley, and Farmer
       595-02011-18                                           2018140c2
    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.; clarifying that a county
   23         court judge or clerk of a circuit court commits a
   24         misdemeanor if he or she issues a blank marriage
   25         license or if he or she issues a marriage license
   26         without obtaining the ages and identification numbers
   27         of the parties; conforming cross-references; providing
   28         an effective date.
   30  Be It Enacted by the Legislature of the State of Florida:
   32         Section 1. Section 741.04, Florida Statutes, is amended to
   33  read:
   34         (Substantial rewording of section. See
   35         s. 741.04, F.S., for present text.)
   36         741.04 Issuance of marriage license.—
   37         (1)A county court judge or clerk of the circuit court may
   38  not issue a license to marry to any person younger than 18 years
   39  of age.
   40         (2) A county court judge or clerk of the circuit court may
   41  not issue a license to marry until the parties to the marriage
   42  file with the county court judge or clerk of the court a written
   43  and signed affidavit, made and subscribed before a person
   44  authorized by law to administer an oath, which provides:
   45         (a) The social security number or any other available
   46  identification number for each person.
   47         (b) The respective ages of the parties.
   48         (3) The submission of social security numbers as provided
   49  in this section is intended to support the federal Personal
   50  Responsibility and Work Opportunity Reconciliation Act of 1996.
   51  The state has a compelling interest in promoting not only
   52  marriage, but also responsible parenting, which may include the
   53  payment of child support. Any person who has been issued a
   54  social security number shall provide that number in satisfying
   55  the requirement in subsection (2). Social security numbers or
   56  other identification numbers obtained under this section may be
   57  used only for the purposes of administration in Title IV-D child
   58  support enforcement cases.
   59         (a) Any person who is not a citizen of the United States
   60  may provide either a social security number or an alien
   61  registration number issued by the United States Bureau of
   62  Citizenship and Immigration Services.
   63         (b) Any person who is not a citizen of the United States
   64  and who has not been issued a social security number or an alien
   65  registration number is encouraged to provide another form of
   66  identification.
   68  This subsection does not prohibit a county court judge or clerk
   69  of the circuit court from issuing a marriage license to
   70  individuals who are not citizens of the United States if one or
   71  both of them are unable to provide a social security number, an
   72  alien registration number, or another identification number.
   73         (4) A county court judge or clerk of the circuit court may
   74  not issue a license for the marriage of any person unless the
   75  county court judge or clerk of the circuit court is first
   76  presented with both of the following:
   77         (a) A written statement, signed by both parties, which
   78  specifies whether the parties, individually or together, have
   79  completed a premarital preparation course.
   80         (b) A written statement that verifies that both parties
   81  have obtained and read or otherwise accessed the information
   82  contained in the handbook or other electronic media presentation
   83  of the rights and responsibilities of parties to a marriage
   84  specified in s. 741.0306.
   85         (5) If a couple does not submit to the clerk of the circuit
   86  court valid certificates of completion of a premarital
   87  preparation course, the clerk shall delay the effective date of
   88  the marriage license by 3 days from the date of application, and
   89  the effective date must be printed on the marriage license in
   90  bold type. If a couple submits valid certificates of completion
   91  of a premarital preparation course, the effective date of the
   92  marriage license may not be delayed. The clerk shall grant
   93  exceptions to the delayed effective date requirement to non
   94  Florida residents and to couples asserting hardship. Marriage
   95  license fee waivers are available to all eligible couples. A
   96  county court judge issuing a marriage license may waive the
   97  delayed effective date requirement for Florida residents who
   98  demonstrate good cause.
   99         Section 2. Section 741.0405, Florida Statutes, is repealed.
  100         Section 3. Section 741.05, Florida Statutes, is amended to
  101  read:
  102         741.05 Penalty for violation of ss. 741.03, 741.04(2)
  103  741.04(1).—Any county court judge, clerk of the circuit court,
  104  or other person who violates s. 741.03 or s. 741.04(2) commits
  105  shall violate any provision of ss. 741.03 and 741.04(1) shall be
  106  guilty of a misdemeanor of the first degree, punishable as
  107  provided in s. 775.082 or s. 775.083.
  108         Section 4. This act shall take effect July 1, 2018.