2018 Legislature             CS for CS for SB 140, 1st Engrossed
    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         except under certain circumstances; requiring parties
    6         to a marriage to file a written and signed affidavit
    7         with the county court judge or clerk of the circuit
    8         court before the judge or clerk may issue a marriage
    9         license; requiring such affidavit to include certain
   10         information; providing legislative intent; requiring
   11         each party to a marriage to provide his or her social
   12         security number or an alien registration number for
   13         purposes of child support enforcement; prohibiting a
   14         judge or clerk from issuing a marriage license unless
   15         he or she is presented with certain written
   16         statements; providing that the effective date of a
   17         marriage license must be delayed by 3 days if the
   18         parties to the marriage have not submitted valid
   19         certificates of completion of a premarital preparation
   20         course; providing exceptions; repealing s. 741.0405,
   21         F.S., relating to the issuance of marriage licenses to
   22         persons under 18 years of age; amending s. 741.05,
   23         F.S.; clarifying that a county court judge or clerk of
   24         a circuit court commits a misdemeanor if he or she
   25         issues a blank marriage license or if he or she issues
   26         a marriage license without obtaining the ages and
   27         identification numbers of the parties; conforming
   28         cross-references; providing 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, unless:
   40         (a) The person is at least 17 years of age and provides the
   41  written consent of his or her parents or legal guardian, which
   42  is acknowledged by an officer authorized by law to take
   43  acknowledgements and administer oaths; and
   44         (b) The older party to the marriage is not more than 2
   45  years older than the younger party to the marriage.
   46         (2) A county court judge or clerk of the circuit court may
   47  not issue a license to marry until the parties to the marriage
   48  file with the county court judge or clerk of the court a written
   49  and signed affidavit, made and subscribed before a person
   50  authorized by law to administer an oath, which provides:
   51         (a) The social security number or any other available
   52  identification number for each person.
   53         (b) The respective ages of the parties.
   54         (3) The submission of social security numbers as provided
   55  in this section is intended to support the federal Personal
   56  Responsibility and Work Opportunity Reconciliation Act of 1996.
   57  The state has a compelling interest in promoting not only
   58  marriage, but also responsible parenting, which may include the
   59  payment of child support. Any person who has been issued a
   60  social security number shall provide that number in satisfying
   61  the requirement in subsection (2). Social security numbers or
   62  other identification numbers obtained under this section may be
   63  used only for the purposes of administration in Title IV-D child
   64  support enforcement cases.
   65         (a) Any person who is not a citizen of the United States
   66  may provide either a social security number or an alien
   67  registration number issued by the United States Bureau of
   68  Citizenship and Immigration Services.
   69         (b) Any person who is not a citizen of the United States
   70  and who has not been issued a social security number or an alien
   71  registration number is encouraged to provide another form of
   72  identification.
   74  This subsection does not prohibit a county court judge or clerk
   75  of the circuit court from issuing a marriage license to
   76  individuals who are not citizens of the United States if one or
   77  both of them are unable to provide a social security number, an
   78  alien registration number, or another identification number.
   79         (4) A county court judge or clerk of the circuit court may
   80  not issue a license for the marriage of any person unless the
   81  county court judge or clerk of the circuit court is first
   82  presented with both of the following:
   83         (a) A written statement, signed by both parties, which
   84  specifies whether the parties, individually or together, have
   85  completed a premarital preparation course.
   86         (b) A written statement that verifies that both parties
   87  have obtained and read or otherwise accessed the information
   88  contained in the handbook or other electronic media presentation
   89  of the rights and responsibilities of parties to a marriage
   90  specified in s. 741.0306.
   91         (5) If a couple does not submit to the clerk of the circuit
   92  court valid certificates of completion of a premarital
   93  preparation course, the clerk shall delay the effective date of
   94  the marriage license by 3 days from the date of application, and
   95  the effective date must be printed on the marriage license in
   96  bold type. If a couple submits valid certificates of completion
   97  of a premarital preparation course, the effective date of the
   98  marriage license may not be delayed. The clerk shall grant
   99  exceptions to the delayed effective date requirement to non
  100  Florida residents and to couples asserting hardship. Marriage
  101  license fee waivers are available to all eligible couples. A
  102  county court judge issuing a marriage license may waive the
  103  delayed effective date requirement for Florida residents who
  104  demonstrate good cause.
  105         Section 2. Section 741.0405, Florida Statutes, is repealed.
  106         Section 3. Section 741.05, Florida Statutes, is amended to
  107  read:
  108         741.05 Penalty for violation of ss. 741.03, 741.04(2)
  109  741.04(1).—Any county court judge, clerk of the circuit court,
  110  or other person who violates s. 741.03 or s. 741.04(2) commits
  111  shall violate any provision of ss. 741.03 and 741.04(1) shall be
  112  guilty of a misdemeanor of the first degree, punishable as
  113  provided in s. 775.082 or s. 775.083.
  114         Section 4. This act shall take effect July 1, 2018.