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.
   23  Be It Enacted by the Legislature of the State of Florida:
   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 intends man and a woman who intend to
   30  apply for a marriage license under s. 741.04 must may, 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) A No county court judge or clerk of the circuit court
   48  in this state may not shall issue a license for the marriage of
   49  any person unless the parties to the marriage there shall be
   50  first present and file presented and filed with 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  a some person authorized by law to administer an oath, reciting
   55  the true and correct ages of such parties; and unless both such
   56  parties are shall be over the age of 18 years, except as
   57  provided in s. 741.0405; and unless one party is a male and the
   58  other 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 is shall be limited 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 may shall be construed to mean that a county
   77  court judge or clerk of the circuit court in this state may
   78  shall not 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
   88  Any county court judge, a clerk of the circuit court, or any
   89  other person who violates shall violate any provision of ss.
   90  741.03 and 741.04(1) commits shall be guilty of a 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.