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Fla. Stat. § 741.04

Issuance of marriage license

Redline — January 1, 2011 → current.View current text →
Current — January 1, 2018
As of January 1, 2011
(1) A county court judge or clerk of the circuit court may not issue a license to marry to any person younger than 18 years of age, unless:
(a) The person is at least 17 years of age and provides the written consent of his or her parents or legal guardian, which is acknowledged by an officer authorized by law to take acknowledgments and administer oaths; and
(b) The older party to the marriage is not more than 2 years older than the younger party to the marriage.
(2) A county court judge or clerk of the circuit court may not issue a license to marry until the parties to the marriage file with the county court judge or clerk of the court a written and signed affidavit, made and subscribed before a person authorized by law to administer an oath, which provides:
(a) The social security number or any other available identification number for each person.
(b) The respective ages of the parties.
(1) No county court judge or clerk of the circuit court in this state shall issue a license for the marriage of any person unless there shall be first presented and filed with him or her an affidavit in writing, signed by both parties to the marriage, providing the social security numbers or any other available identification numbers of each party, made and subscribed before some person authorized by law to administer an oath, reciting the true and correct ages of such parties; unless both 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 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.
(3) The submission of social security numbers as provided in this section is intended to support the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996. 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 in satisfying the requirement in subsection (2). Social security numbers or other identification numbers obtained under this section may be used only for the purposes of administration in Title IV-D child support enforcement cases. (a) Any person who is not a citizen of the United States may provide either a social security number or an alien registration number issued by the United States Bureau of Citizenship and Immigration Services. (b) 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.This subsection does not prohibit a county court judge or clerk of the circuit court from issuing a marriage license to individuals who are not citizens of the United States if one or both of them are unable to provide a social security number, an alien registration number, or another identification number.
(2) No county court judge or clerk of the circuit court in this state shall issue a license for the marriage of any person unless there shall be first presented and filed with him or her: (a) A statement in writing, signed by both parties, which specifies whether the parties, separately or together, have completed a premarital preparation course. (b) A statement that verifies that both parties have obtained and read or otherwise accessed the information contained in the handbook or other electronic media presentation of the rights and responsibilities of parties to a marriage specified in s. 741.0306.
(4) A county court judge or clerk of the circuit court may not issue a license for the marriage of any person unless the county court judge or clerk of the circuit court is first presented with both of the following: (a) A written statement, signed by both parties, which specifies whether the parties, individually or together, have completed a premarital preparation course. (b) A written statement that verifies that both parties have obtained and read or otherwise accessed the information contained in the handbook or other electronic media presentation of the rights and responsibilities of parties to a marriage specified in s. 741.0306.
(3) If a couple has not submitted to the clerk valid certificates of completion of a premarital preparation course, the effective date of the marriage license shall be delayed 3 days from the date of application. The effective date shall be printed on the marriage license in bold print. If a couple has submitted valid certificates of completion of a premarital preparation course, the effective date of the marriage license shall not be delayed. Exceptions to the delayed effective date must be granted to non-Florida residents seeking a marriage license from the state and for individuals asserting hardship. Marriage license fee waivers shall continue to be available to all eligible individuals. For state residents, a county court judge issuing a marriage license may waive the delayed effective date for good cause.
(5) If a couple does not submit to the clerk of the circuit court valid certificates of completion of a premarital preparation course, the clerk shall delay the effective date of the marriage license by 3 days from the date of application, and the effective date must be printed on the marriage license in bold type. If a couple submits valid certificates of completion of a premarital preparation course, the effective date of the marriage license may not be delayed. The clerk shall grant exceptions to the delayed effective date requirement to non-Florida residents and to couples asserting hardship. Marriage license fee waivers are available to all eligible couples. A county court judge issuing a marriage license may waive the delayed effective date requirement for Florida residents who demonstrate good cause.

Official source: Online Sunshine (Florida Legislature). Reproduced from public-domain Florida statutes; confirm against the official source for the current text. Not legal advice.