Florida Senate - 2015 SB 1428
By Senator Soto
14-01039-15 20151428__
1 A bill to be entitled
2 An act relating to marriage; amending s. 741.04, F.S.;
3 deleting a requirement that a marriage license may be
4 issued by a county court judge or clerk of the circuit
5 court in this state only if one party to the marriage
6 is male and the other party is female; amending s.
7 741.212, F.S.; deleting a provision specifying that,
8 for the purpose of interpreting any state law or rule,
9 the term “marriage” means only a legal union between
10 one man and one woman as husband and wife and that the
11 term “spouse” applies only to a member of such a
12 union; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Subsection (1) of section 741.04, Florida
17 Statutes, is amended to read:
18 741.04 Marriage license issued.—
19 (1) A No county court judge or clerk of the circuit court
20 in this state may not shall issue a license for the marriage of
21 any person unless there is shall be first presented and filed
22 with him or her an affidavit in writing, signed by both parties
23 to the marriage, providing the social security numbers or any
24 other available identification numbers of each party, made and
25 subscribed before a some person authorized by law to administer
26 an oath, reciting the true and correct ages of such parties and;
27 unless both such parties are shall be over the age of 18 years,
28 except as provided in s. 741.0405; and unless one party is a
29 male and the other party is a female. Pursuant to the federal
30 Personal Responsibility and Work Opportunity Reconciliation Act
31 of 1996, each party is required to provide his or her social
32 security number in accordance with this section. The state has a
33 compelling interest in promoting not only marriage but also
34 responsible parenting, which may include the payment of child
35 support. Any person who has been issued a social security number
36 shall provide that number. Disclosure of social security numbers
37 or other identification numbers obtained through this
38 requirement shall be limited to the purpose of administration of
39 the Title IV-D program for child support enforcement. Any person
40 who is not a citizen of the United States may provide either a
41 social security number or an alien registration number if one
42 has been issued by the United States Bureau of Citizenship and
43 Immigration Services. Any person who is not a citizen of the
44 United States and who has not been issued a social security
45 number or an alien registration number is encouraged to provide
46 another form of identification. Nothing in this subsection shall
47 be construed to mean that a county court judge or clerk of the
48 circuit court in this state may shall not issue a marriage
49 license to individuals who are not citizens of the United States
50 if one or both of the parties are unable to provide a social
51 security number, alien registration number, or other
52 identification number.
53 Section 2. Subsection (3) of section 741.212, Florida
54 Statutes, is amended to read:
55 741.212 Marriages between persons of the same sex.—
56 (3) For purposes of interpreting any state statute or rule,
57 the term “marriage” means only a legal union between one man and
58 one woman as husband and wife, and the term “spouse” applies
59 only to a member of such a union.
60 Section 3. This act shall take effect July 1, 2015.