Florida Senate - 2025                                     SB 580
       
       
        
       By Senator Leek
       
       
       
       
       
       7-00651A-25                                            2025580__
    1                        A bill to be entitled                      
    2         An act relating to persons authorized to solemnize
    3         matrimony; amending s. 741.07, F.S.; authorizing
    4         members of the Legislature to solemnize the rights of
    5         matrimonial contract; reenacting ss. 741.08 and
    6         741.10, F.S., relating to marriage not being
    7         solemnized without a license and proof of marriage
    8         where no certificate is available, respectively, to
    9         incorporate the amendment made to s. 741.07, F.S., in
   10         references thereto; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (1) of section 741.07, Florida
   15  Statutes, is amended to read:
   16         741.07 Persons authorized to solemnize matrimony.—
   17         (1) All regularly ordained ministers of the gospel or
   18  elders in communion with a some church, or other ordained
   19  clergy; members of the Legislature;, and all judicial officers,
   20  including retired judicial officers;, clerks of the circuit
   21  courts;, and notaries public of this state may solemnize the
   22  rights of matrimonial contract, under the regulations prescribed
   23  by law. Nothing in This section does not invalidate shall make
   24  invalid a marriage which was solemnized by any member of the
   25  clergy, or as otherwise provided by law before prior to July 1,
   26  1978.
   27         Section 2. For the purpose of incorporating the amendment
   28  made by this act to section 741.07, Florida Statutes, in a
   29  reference thereto, section 741.08, Florida Statutes, is
   30  reenacted to read:
   31         741.08 Marriage not to be solemnized without a license.
   32  Before any of the persons named in s. 741.07 shall solemnize any
   33  marriage, he or she shall require of the parties a marriage
   34  license issued according to the requirements of s. 741.01, and
   35  within 10 days after solemnizing the marriage he or she shall
   36  make a certificate thereof on the license, and shall transmit
   37  the same to the office of the county court judge or clerk of the
   38  circuit court from which it issued.
   39         Section 3. For the purpose of incorporating the amendment
   40  made by this act to section 741.07, Florida Statutes, in a
   41  reference thereto, section 741.10, Florida Statutes, is
   42  reenacted to read:
   43         741.10 Proof of marriage where no certificate available.
   44  When any marriage is or has been solemnized by any of the
   45  persons named in s. 741.07, and such person has not made a
   46  certificate thereof on the marriage license as required by s.
   47  741.08, or when the marriage license has been lost, or when by
   48  reason of death or other cause the proper certificate cannot be
   49  obtained, the marriage may be proved by affidavit before any
   50  officer authorized to administer oaths made by two competent
   51  witnesses who were present and saw the marriage ceremony
   52  performed, which affidavit may be filed and recorded in the
   53  office of the county court judge or clerk of the circuit court
   54  from which the marriage license issued, with the same force and
   55  effect as in cases in which the proper certificate has been
   56  made, returned and recorded.
   57         Section 4. This act shall take effect July 1, 2025.