Florida 2025 2025 Regular Session

Florida Senate Bill S0580 Introduced / Bill

Filed 02/10/2025

 Florida Senate - 2025 SB 580  By Senator Leek 7-00651A-25 2025580__ 1 A bill to be entitled 2 An act relating to persons authorized to solemnize 3 matrimony; amending s. 741.07, F.S.; authorizing 4 members of the Legislature to solemnize the rights of 5 matrimonial contract; reenacting ss. 741.08 and 6 741.10, F.S., relating to marriage not being 7 solemnized without a license and proof of marriage 8 where no certificate is available, respectively, to 9 incorporate the amendment made to s. 741.07, F.S., in 10 references thereto; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1.Subsection (1) of section 741.07, Florida 15 Statutes, is amended to read: 16 741.07Persons authorized to solemnize matrimony. 17 (1)All regularly ordained ministers of the gospel or 18 elders in communion with a some church, or other ordained 19 clergy; members of the Legislature;, and all judicial officers, 20 including retired judicial officers;, clerks of the circuit 21 courts;, and notaries public of this state may solemnize the 22 rights of matrimonial contract, under the regulations prescribed 23 by law. Nothing in This section does not invalidate shall make 24 invalid a marriage which was solemnized by any member of the 25 clergy, or as otherwise provided by law before prior to July 1, 26 1978. 27 Section 2.For the purpose of incorporating the amendment 28 made by this act to section 741.07, Florida Statutes, in a 29 reference thereto, section 741.08, Florida Statutes, is 30 reenacted to read: 31 741.08Marriage not to be solemnized without a license. 32 Before any of the persons named in s. 741.07 shall solemnize any 33 marriage, he or she shall require of the parties a marriage 34 license issued according to the requirements of s. 741.01, and 35 within 10 days after solemnizing the marriage he or she shall 36 make a certificate thereof on the license, and shall transmit 37 the same to the office of the county court judge or clerk of the 38 circuit court from which it issued. 39 Section 3.For the purpose of incorporating the amendment 40 made by this act to section 741.07, Florida Statutes, in a 41 reference thereto, section 741.10, Florida Statutes, is 42 reenacted to read: 43 741.10Proof of marriage where no certificate available. 44 When any marriage is or has been solemnized by any of the 45 persons named in s. 741.07, and such person has not made a 46 certificate thereof on the marriage license as required by s. 47 741.08, or when the marriage license has been lost, or when by 48 reason of death or other cause the proper certificate cannot be 49 obtained, the marriage may be proved by affidavit before any 50 officer authorized to administer oaths made by two competent 51 witnesses who were present and saw the marriage ceremony 52 performed, which affidavit may be filed and recorded in the 53 office of the county court judge or clerk of the circuit court 54 from which the marriage license issued, with the same force and 55 effect as in cases in which the proper certificate has been 56 made, returned and recorded. 57 Section 4.This act shall take effect July 1, 2025.