741.01 County court judge or clerk of the circuit court to issue marriage license; fee.—
(1) Every marriage license shall be issued by a county court judge or clerk of the circuit court under his or her hand and seal. The county court judge or clerk of the circuit court shall issue such license, upon application for the license, if there appears to be no impediment to the marriage. An application for a marriage license must allow both parties to the marriage to state under oath in writing if they are the parents of a child born in this state and to identify any such child they have in common by name, date of birth, place of birth, and, if available, birth certificate number. The name of any child recorded by both parties must be transmitted to the Department of Health along with the original marriage license and endorsements. The county court judge or clerk of the circuit court shall collect and receive a fee of $2 for receiving the application for the issuance of a marriage license.
(2) The fee charged for each marriage license issued in the state shall be increased by the sum of $25. This fee shall be collected upon receipt of the application for the issuance of a marriage license and remitted by the clerk to the Department of Revenue for deposit in the Domestic Violence Trust Fund. The Executive Office of the Governor shall establish a Domestic Violence Trust Fund for the purpose of collecting and disbursing funds generated from the increase in the marriage license fee. Such funds which are generated shall be directed to the Department of Children and Families for the specific purpose of funding domestic violence centers, and the funds shall be appropriated in a “grants-in-aid” category to the Department of Children and Families for the purpose of funding domestic violence centers. From the proceeds of the surcharge deposited into the Domestic Violence Trust Fund as required under s. 938.08, the Executive Office of the Governor may spend up to $500,000 each year for the purpose of administering a statewide public-awareness campaign regarding domestic violence.
(3) An additional fee of $25 shall be paid to the clerk upon receipt of the application for issuance of a marriage license. Each month, the clerk shall remit the fee to the Department of Revenue for deposit into the State Courts Revenue Trust Fund.
(4) The fee charged for each marriage license issued in the state shall be reduced by a sum of $25 for all couples who present valid certificates of completion of a premarital preparation course from a qualified course provider registered under s. 741.0305(5) for a course taken no more than 1 year prior to the date of application for a marriage license. For each license issued that is subject to the fee reduction of this subsection, the clerk is not required to transfer the sum of $25 to the Department of Revenue for deposit in the General Revenue Fund.
...(3) For purposes of interpreting any state statute or rule, the term "marriage" means only a legal union between one man and one woman as husband and wife, and the term "spouse" applies only to a member of such a union. [3] Pursuant to Florida Statutes § 741.01(1), marriage licenses are issued by a county court judge or Clerk of the Circuit Court....
Cited 3 times | Published | Florida 4th District Court of Appeal
...Appellee relies upon Section 741.08, Florida Statutes (1974), which provides as follows: 741.08 Marriage not to be solemnized without a license. Before any of the persons named in § 741.07 shall solemnize any marriage, he shall require of the parties a marriage license issued according to the requirements of § 741.01, and within 10 days after solemnizing the marriage he shall make a certificate thereof on the license, and shall transmit the same to the office of the county court judge or clerk of the circuit court from which it issued....
...rriage license was fatal to the existence of a legally cognizable marriage. Since 1967, when the Florida legislature abolished common law marriage, there has been only one method of producing a legally cognizable marriage in Florida. See generally §§ 741.01-.212, Fla. Stat. (2002). Persons desiring to be married are required to apply for a marriage license which can be issued by a county court judge or the clerk of the circuit court. See § 741.01, Fla....
...Section 741.08, Florida Statutes (2002), provides: Marriage not to be solemnized without a license.Before any of the persons named in s. 741.07 shall solemnize any marriage, he or she shall require of the parties a marriage license issued according to the requirements of s. 741.01, and within 10 days after solemnizing the marriage he or she shall make a certificate thereof on the marriage license, and shall transmit the same to the office of the county court judge or *685 clerk of the circuit court from which it issued....
...ase where the existence of an impediment to the marriage appears on the face of the sworn application. The duty of the issuing officer is to issue the marriage license, upon application therefor, if there appears to be no impediment to the marriage. Section 741.01 , F.S....
...judge or clerk of the circuit court in the state to send out of his office any marriage license signed in blank to be issued upon application to persons not in the office of the county court judge or clerk of the circuit court. (Emphasis supplied.) Section 741.01 , F....
...(The application, of course, can be completed by the parties in the clerk's or county court judge's office.) If there appears no impediment to the marriage (see AGO 074-338), then a license is issued after the expiration of 3 days from the application for the license (including the day application is made). Sections 741.01 and 741.04 , F....
...S., where a record thereof is kept, as prescribed by s. 741.09 , F. S. If a county court judge or clerk of the circuit court were to send out licenses signed and sealed in blank, it would be impossible for him to determine if there was any impediment to the marriage, as required by s. 741.01 , F....
...If, however, upon consideration of the application, there appears to be an impediment to the marriage, the judge or clerk, as the issuing officers of marriage licenses, cannot be compelled to issue a license until the applicant, when called upon to do so, has demonstrated that there is no impediment to the marriage. Section 741.01 , F....
...This office has previously considered the authority of the Legislature to regulate the marriages of its citizens; see AGO 078-5 in which I stated that the courts possess only such jurisdiction over marriage and its incidents as has been granted by the Legislature. Section 741.01 , F. S., represents a delegation of some of the Legislature's power by clearly designating the county court judge and the clerk of the circuit court as the issuing officers of marriage licenses. Section 741.01 does not, however, appear to grant the clerk or the judge any discretion in accepting or refusing to accept an application for a marriage license....
Robert A. Butterworth Attorney General RAB/tgk 1 Section 741.01, F.S., prescribes separate fees for the application
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