| 1 | A bill to be entitled |
| 2 | An act relating to marriage licenses; amending s. |
| 3 | 741.0405, F.S.; deleting provisions authorizing the court |
| 4 | to issue a marriage license upon the sworn application |
| 5 | that both minor applicants are the parents of a child or |
| 6 | the expectant parents of a child; deleting provisions |
| 7 | authorizing the court to issue a marriage license upon |
| 8 | written verification by a physician and sworn application |
| 9 | that the minor female applicant is an expectant parent; |
| 10 | providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Section 741.0405, Florida Statutes, is amended |
| 15 | to read: |
| 16 | 741.0405 When marriage license may be issued to persons |
| 17 | under 18 years.-- |
| 18 | (1) If either of the parties shall be under the age of 18 |
| 19 | years but at least 16 years of age, the county court judge or |
| 20 | clerk of the circuit court shall issue a license for the |
| 21 | marriage of such party only if there is first presented and |
| 22 | filed with him or her the written consent of the parents or |
| 23 | guardian of such minor to such marriage, acknowledged before |
| 24 | some officer authorized by law to take acknowledgments and |
| 25 | administer oaths. However, the license shall be issued without |
| 26 | parental consent when both parents of such minor are deceased at |
| 27 | the time of making application or when such minor has been |
| 28 | married previously. |
| 29 | (2) The county court judge of any county in the state may, |
| 30 | in the exercise of his or her discretion, issue a license to |
| 31 | marry to any male or female under the age of 18 years, upon |
| 32 | application of both parties sworn under oath that they are the |
| 33 | parents of a child. |
| 34 | (3) When the fact of pregnancy is verified by the written |
| 35 | statement of a licensed physician, the county court judge of any |
| 36 | county in the state may, in his or her discretion, issue a |
| 37 | license to marry: |
| 38 | (a) To any male or female under the age of 18 years upon |
| 39 | application of both parties sworn under oath that they are the |
| 40 | expectant parents of a child; or |
| 41 | (b) To any female under the age of 18 years and male over |
| 42 | the age of 18 years upon the female's application sworn under |
| 43 | oath that she is an expectant parent. |
| 44 | (2)(4) No license to marry shall be granted to any person |
| 45 | under the age of 16 years, with or without the consent of the |
| 46 | parents, except as provided in subsections (2) and (3). |
| 47 | Section 2. This act shall take effect July 1, 2006. |