HB 335 — Marriage of Minors

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 335 2018 A bill to be entitled An act relating to marriage of minors;

prohibitingproviding requirements for the issuance of a marriage license to anypersons person under the age of 18 years;years but at least 16 years of age;

amendingrevising s.circumstances in which parental consent is not required;

741.04,providing F.S.;that persons under the age of 16 years may not be issued a marriage license;

conforming a provision to changes made by the act;

8 Be It Enacted by the Legislature of the State of Florida:

741.0405 When Marriagemarriage license may not be issued to persons under 18 years.— (1) IfNotwithstanding eithers. of the parties shall be under the age of 18 years but at least 16 years of age, the county court judge or clerk of the circuit court shall issue a license for the marriage of such party only if there is first presented and filed with him or her the written consent of the parents or guardian of such minor to such marriage, acknowledged before some officer authorized by law to take acknowledgments and administer oaths.

However,743.015, if either of the licenseparties is shall be issuedunder withoutthe parentalage consentof when18 bothyears parentsbut at least 16 years of suchage minorand areone deceasedparty atis no more than 2 years older than the timeother, ofthe makingcounty applicationcourt judge or whenclerk of the circuit court shall issue a license for the marriage of such minorparty hasonly beenif marriedthe previously.parties present and file with him or her:

(2)(a) TheA countywritten courtstatement judge of anya countylicensed inphysician theverifying statepregnancy. may, Page 1 of 4 CODING:

(b) An affidavit affirming paternity, signed by both Page 1 of 3 CODING:

hb0335-00hb0335-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 335 2018 inparties. the exercise of his or her discretion, issue a license to marry to any male or female under the age of 18 years, upon application of both parties sworn under oath that they are the parents of a child.

(c) There is first presented and filed with him or her The written consent of the parents or guardian of each such minor to such marriage, acknowledged before an some officer authorized by law to take acknowledgments and administer oaths.

However, the license shall be issued without parental consent when both parents of each such minor are deceased at the time of making application, or when each such minor to such marriage has been married previously, or each minor to such marriage has had disabilities of nonage removed pursuant to s.

743.015.

(2) The county court judge of any county in the state may, in the exercise of his or her discretion, issue a license to marry to any male or female under the age of 18 years, upon application of both parties sworn under oath that they are the parents of a child.

(4)Page A2 No license to marry may not shall be issued granted to any person under the age of 183 16CODING: years, with or without the consent of the parents, except as provided in subsections (2) and (3).

Section 2.

Subsection (1) of section 741.04, Florida Statutes, is amended to read:

741.04 Marriage license issued.— (1) A No county court judge or clerk of the circuit court in this state may not shall issue a license for the marriage of any person unless there is shall be first presented and filed with him or her an affidavit in writing, signed by both parties Page 2 of 4 CODING:

hb0335-00hb0335-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 335 2018 (2)(4) A No license to themarry marriage,may providingnot theshall socialbe securityissued numbersgranted orto any otherperson availableunder identificationthe numbersage of each16 party,years, madewith andor subscribedwithout beforethe someconsent personof authorizedthe byparents, lawexcept toas administerprovided anin oath,subsections reciting(2) the true and correct(3). ages of such parties;

unlessSection both2. such parties shall be over the age of 18 years, except as provided in s.

741.0405;

and unless one party is a male and the other party is a female.

Pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, each party is required to provide his or her social security number in accordance with this section.

The state has a compelling interest in promoting not only marriage but also responsible parenting, which may include the payment of child support.

Any person who has been issued a social security number shall provide that number.

Disclosure of social security numbers or other identification numbers obtained through this requirement shall be limited to the purpose of administration of the Title IV-D program for child support enforcement.

Any person who is not a citizen of the United States may provide either a social security number or an alien registration number if one has been issued by the United States Bureau of Citizenship and Immigration Services.

Any person who is not a citizen of the United States and who has not been issued a social security number or an alien registration number is encouraged to provide another form of identification.

Nothing in this subsection shall be construed to mean that a county court judge or clerk of the Page 3 of 4 CODING:

Words stricken are deletions;

words underlined are additions.

hb0335-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 335 2018 circuit court in this state shall not issue a marriage license to individuals who are not citizens of the United States if one or both of the parties are unable to provide a social security number, alien registration number, or other identification number.

Section 3.

Page 43 of 43 CODING:

hb0335-00hb0335-01-c1