Attorney General of Florida — Opinion.
March 8, 2006
RE: CLERK OF COURT — MARRIAGES — JUDGES — CLERGY — NOTARIES PUBLIC — individuals authorized to solemnize marriage in Florida, s. 741.07(1), Fla. Stat.
Marriage, persons authorized to solemnize marriage
Mr. Dennis J. Alfonso Attorney for Pasco County Clerk of Court Post Office Box 4 Dade City, Florida 33526-0004
Charlie Crist, Attorney General
Dear Mr. Alfonso:
On behalf of the Pasco County, Clerk of the Circuit Court, you ask substantially the following question:
Does section 741.07(1), Florida Statutes, authorize a minister, clerk or judicial officer from a state other than Florida to solemnize marriages within this state?
Section 741.07(1), Florida Statutes, provides in pertinent part:
“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. . . .”[1]
You state that the Clerk of the Circuit Court for Pasco County occasionally receives marriage licenses identifying the individual solemnizing the marriage as a minister of a church with no Florida affiliation or location in Florida. Additionally, there have been instances in which the individual identified as solemnizing the marriage is a judicial officer of another state. You therefore ask what the phrase “of this state” modifies.
It is a general rule of statutory construction that ordinary rules of grammar and punctuation are to be used in determining construction of a statute. The Legislature is presumed to know the meaning of words and rules of grammar and thus the Legislature’s intent may be ascertained by giving the generally accepted construction not only to the phraseology of an act but also to the manner in which it is punctuated.[2]
Consideration of the grammatical construction of the statute leads this office to conclude that the phrase “of this state” refers to “all judicial officers, including retired judicial officers, clerks of the circuit courts, and notaries public.” Moreover, under the doctrine of last antecedent, relative and qualifying words, phrases, and clauses are to be applied to the words or phrases immediately preceding and not to be construed as extending to or including others more remote.[3]
This office has informally stated that section 741.07(1), Florida Statutes, permits all judicial officers of this state to solemnize marriages and would permit a federal judge whose court’s jurisdiction encompasses part or all of the State of Florida to perform marriages in Florida.[4] In addition, this office has concluded that if a religious society has determined that a particular individual is an ordained minister under its creed, then that person may solemnize marriages pursuant to section 741.07.[5]
Accordingly, I am of the opinion that the reference to “of this state” in section 741.07(1), Florida Statutes, refers to “all judicial officers, including retired judicial officers, clerks of the circuit courts, and notaries public.” All regularly ordained ministers of the gospel or elders in communion with some church, or other ordained clergy, whether in this state or not, are authorized to perform marriages pursuant to section 741.07. However, active or retired judicial officers, circuit court clerks or notaries public from other states are not authorized to do so in Florida.
Sincerely,
Charlie Crist Attorney General
CC/tjw
(Fla. 1978); Ops. Att’y Gen. Fla. 77-142 (1977) (punctuation is a part of an act and may be considered in act’s interpretation); 93-26 (1993) (Legislature is presumed to know meaning of words and the rules of grammar; thus, legislative intent is first to be determined by the language used, considered in its ordinary grammatical sense); 99-62 (1999).