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The Florida Senate

CS/CS/SB 140 — Marriage Licenses

by Rules Committee; Judiciary Committee; and Senators Benacquisto, Simpson, Book, Hutson, Perry, Bracy, Torres, Rodriguez, Campbell, Taddeo, Baxley, Farmer, Negron, Bean, Braynon, Broxson , Flores, Gainer, Galvano, Garcia, Gibson, Hukill, Mayfield, Montford, Passidomo, Powell, Rader, Rouson, Simmons, Steube, Stewart, Thurston, and Young

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Judiciary Committee (JU)

Current law vests the authority to issue a marriage license solely in a county court judge or clerk of the circuit court and no one may marry without a valid license. An applicant for a license generally must be at least 18 years old. However, there are exceptions for minors who have the consent of their parents, minors who have been married previously, minors who are expecting a child, and minors who are the parents of a child.

The bill prohibits a county court judge or the clerk of the circuit court from issuing a marriage license to any person under the age of 18 except that a marriage license may be issued to someone who is 17 years old if:

  • The parents or legal guardian of a 17 year old provide written consent; and
  • The older person to the proposed marriage is no more than 2 years older than the younger person.

If approved by the Governor, these provisions take effect July 1, 2018.

Vote: Senate 38-0; House 109-1