2003 - 2004 LEGISLATURE
SENATE AMENDMENT 1,
TO 2003 ASSEMBLY BILL 475
November 5, 2003 - Offered by Senator Carpenter.
AB475-SA1,1,11
84. Page 3, line 12: delete that line and substitute "one man who has not
9previously been married and divorced and one woman who has not previously been
10married and divorced is defined as valid, only marriage between one such man and
11one such".
AB475-SA1,1,13
13"
Section 3c. 765.03 (2) of the statutes is amended to read:
AB475-SA1,2,5
1765.03
(2) It is unlawful for any person, who is or has been a party to an action
2for divorce in any court in this state, or elsewhere, to marry again
until 6 months 3after judgment of divorce is granted, and the marriage of any such person
solemnized
4before the expiration of 6 months from the date of the granting of judgment of divorce 5shall be void.
AB475-SA1, s. 3d
6Section 3d. 765.09 (1) (a) of the statutes is renumbered 765.09 (1).
AB475-SA1, s. 3f
8Section 3f. 765.21 (intro.) of the statutes is renumbered 765.21 and amended
9to read:
AB475-SA1,2,14
10765.21 Unlawful marriages void; validation. All marriages hereafter
11contracted in violation of
ss. s. 765.02, 765.03, 765.04
and or 765.16 shall be void,
12except as provided in ss. 765.22 and 765.23. The parties to any such marriage may
13validate the marriage by complying with the requirements of ss. 765.02 to 765.24
as
14follows:.
AB475-SA1,3,4
18765.24 Removal of impediments to subsequent marriage. If a person
19during the lifetime of a husband or wife with whom the marriage is in force, enters
20into a subsequent marriage contract in accordance with s. 765.16, and the parties
21thereto live together thereafter as husband and wife, and such subsequent marriage
22contract was entered into by one of the parties in good faith, in the full belief that the
23former husband or wife was dead, or that the former marriage had been annulled,
24or dissolved by a divorce, or without knowledge of such former marriage, they shall,
25after the impediment to their marriage has been removed by the death
or divorce of
1the other party to such former marriage, if they continue to live together as husband
2and wife in good faith on the part of one of them, be held to have been legally married
3from and after the removal of such impediment and the issue of such subsequent
4marriage shall be considered as the marital issue of both parents.
AB475-SA1,3,96
767.37
(3) When a judgment of divorce is granted it shall be effective
7immediately
except as provided in s. 765.03 (2). Every
, and every judge who grants
8a judgment of divorce shall inform the parties appearing in court that the judgment
9is effective immediately
except as provided in s. 765.03 (2).".
AB475-SA1,3,18
14(1) The treatment of sections 765.001 (2), 765.03 (2), 765.09 (1) (a) and (b),
15765.21 (intro.), (1), and (2), and 990.01 (19p) of the statutes, the renumbering and
16amendment of section 765.01 of the statutes, and the creation of section 765.01 (2)
17of the statutes first apply to marriages for which application for a license is made on
18the effective date of this subsection.
AB475-SA1,3,21
19(2) The treatment of section 765.24 of the statutes first applies to subsequent
20marriages for which application for a license is made on the effective date of this
21subsection.".