Dear bpoole-ga;
Thank you for allowing me an opportunity to answer your interesting
question. As you probably know we cannot provide legal advice in this
forum. What I am showing you is a matter of published law for public
consumption; however, on this matter the law is quite clear and
specifically addresses your situation.
According to Title XLIII ?DOMESTIC RELATIONS? Chapter 741 of the
Florida state codes, your father, by virtue of the fact that he is an
ordained elder in the Presbyterian church, is indeed qualified to
legally solemnize your Florida marriage (marry you, officiate, conduct
the ceremony, etc.), provided the marriage takes place in Florida and
is registered there accordingly:
?741.07 Persons authorized to solemnize matrimony.--
(1) All regularly ordained ministers of the gospel or elders in
communion with some church, or other ordained clergy, and all judicial
officers, including retired judicial officers, clerks of the circuit
courts, and notaries public of this state may solemnize the rights of
matrimonial contract, under the regulations prescribed by law. Nothing
in this section shall make invalid a marriage which was solemnized by
any member of the clergy, or as otherwise provided by law prior to
July 1, 1978.?
FLORIDA STATUTES
http://www.megalaw.com/fl/flstatutes.php?Mode=Display_Statute&codelink=@Search_String=@URL=Ch0741/SEC07.HTM@Title=->2005->Ch0741->Section%2007#0741.07
By the way, do not let the phrase ?of this state? in this statute
confuse you. The Attorney General has issued an Advisory Legal Opinion
(#AGO 2006-09, March 8, 2006) that the phraseology of the statute is
not intended to exclude qualified persons who hail from other
jurisdictions rather it is intended to refer specifically and
exclusively to ?NOTARIES PUBLIC of this state?. In short, he explains,
the phrase ?regularly ordained ministers of the gospel or elders in
communion with some church, or other ordained clergy? refers
universally to ANY OR ALL ?regularly ordained ministers of the gospel
or elders in communion with some church, or other ordained clergy?
regardless of where they are from.
OFFICE OF THE ATTORNEY GENERAL OF FLORIDA
http://myfloridalegal.com/ago.nsf/Opinions/8C690BD4D26D56838525712C00574313
I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise, I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.
Congratulations on your upcoming nuptials!
Best regards;
Tutuzdad ? Google Answers Researcher
OTHER INFORMATION SOURCES
FLORIDA CODE SEARCH
TITLE XLIII
DOMESTIC RELATIONS
CHAPTER 741
http://www.megalaw.com/fl/flstatutes.php?Mode=Display_Statute&codelink=@URL=Ch0741/titl0741.htm@StatuteYear=2005@Title=%2D%3E2005%2D%3EChapter%20741
E-HOW
http://www.ehow.com/how_7960_marriage-license-florida.html
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