Bill Text: FL S1638 | 2017 | Regular Session | Introduced
Bill Title: Marriage Licenses
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-05 - Withdrawn prior to introduction [S1638 Detail]
Download: Florida-2017-S1638-Introduced.html
Florida Senate - 2017 SB 1638 By Senator Campbell 38-01616A-17 20171638__ 1 A bill to be entitled 2 An act relating to marriage licenses; amending s. 3 741.0305, F.S.; requiring a couple that intends to 4 apply for a marriage license to complete, together or 5 separately, a premarital preparation course; 6 conforming a provision to changes made by the act; 7 amending s. 741.04, F.S.; removing a prohibition 8 preventing a county court judge or clerk of the 9 circuit court from issuing a marriage license to a 10 couple unless one party to the marriage is a male and 11 the other party is a female; making technical changes; 12 repealing s. 741.212, F.S.; deleting a prohibition on 13 recognizing marriages between persons of the same sex; 14 deleting a prohibition on giving effect to marriages 15 between persons of the same sex; deleting a provision 16 interpreting the terms “marriage” and “spouse”; 17 reenacting and amending s. 741.05, F.S., relating to a 18 penalty for violating specified provisions; making 19 technical changes; providing a directive to the 20 Division of Law Revision and Information; providing an 21 effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Subsection (1) of section 741.0305, Florida 26 Statutes, is amended to read: 27 741.0305 Marriage fee reduction for completion of 28 premarital preparation course.— 29 (1) A couple that intendsman and a womanwho intendto 30 apply for a marriage license under s. 741.04 mustmay, together 31 or separately, complete a premarital preparation course of not 32 less than 4 hours. Each individual shall verify completion of 33 the course by filing with the application a valid certificate of 34 completion from the course provider, which certificate shall 35 specify whether the course was completed by personal 36 instruction, videotape instruction, instruction via other 37 electronic medium, or a combination of those methods. All 38 individuals who complete a premarital preparation course 39 pursuant to this section must be issued a certificate of 40 completion at the conclusion of the course by their course 41 provider. Upon furnishing such certificate when applying for a 42 marriage license, the individuals shall have their marriage 43 license fee reduced by $32.50. 44 Section 2. Subsection (1) of section 741.04, Florida 45 Statutes, is amended to read: 46 741.04 Marriage license issued.— 47 (1) ANocounty court judge or clerk of the circuit court 48 in this state may notshallissue a license for the marriage of 49 any person unless the parties to the marriagethere shall be50 first present and filepresented and filedwith him or her an 51 affidavit in writing, signed by both parties to the marriage, 52 providing the social security numbers or any other available 53 identification numbers of each party, made and subscribed before 54 asomeperson authorized by law to administer an oath, reciting 55 the true and correct ages of such parties; and unless both such 56 parties areshall beover the age of 18 years, except as 57 provided in s. 741.0405; and unless one party is a male and the58other party is a female. Pursuant to the federal Personal 59 Responsibility and Work Opportunity Reconciliation Act of 1996, 60 each party is required to provide his or her social security 61 number in accordance with this section. The state has a 62 compelling interest in promoting not only marriage but also 63 responsible parenting, which may include the payment of child 64 support. Any person who has been issued a social security number 65 shall provide that number. Disclosure of social security numbers 66 or other identification numbers obtained through this 67 requirement isshall belimited to the purpose of administration 68 of the Title IV-D program for child support enforcement. Any 69 person who is not a citizen of the United States may provide 70 either a social security number or an alien registration number 71 if one has been issued by the United States Bureau of 72 Citizenship and Immigration Services. Any person who is not a 73 citizen of the United States and who has not been issued a 74 social security number or an alien registration number is 75 encouraged to provide another form of identification. Nothing in 76 this subsection mayshallbe construed to mean that a county 77 court judge or clerk of the circuit court in this state may 78shallnot issue a marriage license to individuals who are not 79 citizens of the United States if one or both of the parties are 80 unable to provide a social security number, alien registration 81 number, or other identification number. 82 Section 3. Section 741.212, Florida Statutes, is repealed. 83 Section 4. For the purpose of incorporating the amendment 84 made by this act to section 741.04, Florida Statutes, in a 85 reference thereto, section 741.05, Florida Statutes, is 86 reenacted and amended to read: 87 741.05 Penalty for violation of ss. 741.03, 741.04(1).—A 88Anycounty court judge, a clerk of the circuit court, or any 89 other person who violatesshall violateany provision of ss. 90 741.03 and 741.04(1) commitsshall be guilty ofa misdemeanor of 91 the first degree, punishable as provided in s. 775.082 or s. 92 775.083. 93 Section 5. The Division of Law Revision and Information is 94 directed to prepare a reviser’s bill for the 2018 Regular 95 Session of the Legislature to change the terms “husband” and 96 “wife” to “spouse,” the term “husband and wife” to “spouses,” 97 and the term “husband or wife” to “either spouse” wherever those 98 terms appear in the Florida Statutes. 99 Section 6. This act shall take effect upon becoming a law.