Florida Statutes
Fla. Stat. § 741.01 (2025)
County court judge or clerk of the circuit court to issue marriage license; fee.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
History.—s. 2, Nov. 2, 1829; s. 2, ch. 3720, 1887; s. 1, ch. 3890, 1889; RS 2055; GS 2574; RGS 3933; CGL 5848; s. 28, ch. 73-334; s. 1, ch. 74-3; s. 1, ch. 74-372; s. 8, ch. 78-281; s. 143, ch. 79-190; s. 7, ch. 79-402; s. 3, ch. 82-135; s. 3, ch. 82-192; s. 9, ch. 84-343; s. 50, ch. 86-220; s. 3, ch. 86-264; s. 3, ch. 88-181; s. 1, ch. 91-240; s. 2, ch. 94-222; s. 53, ch. 96-418; s. 1779, ch. 97-102; s. 4, ch. 98-403; s. 80, ch. 99-3; s. 278, ch. 99-8; s. 7, ch. 99-243; s. 7, ch. 2001-50; s. 17, ch. 2001-122; s. 4, ch. 2004-251; s. 75, ch. 2004-265; s. 15, ch. 2010-187; s. 285, ch. 2014-19; s. 11, ch. 2017-233; s. 52, ch. 2018-118; s. 12, ch. 2019-42.
Notes of Decisions
Cited in 5
cases (2 in the last 5 years), 1979–2023 · leading case: Hall v. MAAL, 32 So. 3d 682 (Fla. 1st DCA 2010).
Hall v. MAAL, 32 So. 3d 682 (Fla. 1st DCA 2010). “See § 741.01, Fla. Stat. (2002). After issuance, a license is valid for 60 days within which time the marriage must be solemnized.”
Wilson v. Ake, 354 F. Supp. 2d 1298 (M.D. Fla. 2005). “Pursuant to Florida Statutes § 741.01(1), marriage licenses are issued by a county court judge or Clerk of the Circuit Court.”
Metro. Dade Cnty. v. Shelton, 375 So. 2d 32 (Fla. 4th DCA 1979). “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…”
Vega v. Sawyer (M.D. Fla. 2021). “Section 741.01(1) states, “Every marriage license shall be issued by a county court judge or clerk of the circuit court under his or her hand and seal.”
Roberts v. Opalich, 2023 Ohio 4652 (Ohio Ct. App. 2023). “Fla. Stat. 741.01 Husband contends that based on the law of Florida, where the wedding ceremony took place, he and Wife were never married because no Florida county court judge or clerk of a circuit court issued a marriage license to them, and no person may solemnize a marriage…”
— 741.01(1) — 2 cases
Wilson v. Ake, 354 F. Supp. 2d 1298 (M.D. Fla. 2005). “Pursuant to Florida Statutes § 741.01(1), marriage licenses are issued by a county court judge or Clerk of the Circuit Court.”
Vega v. Sawyer (M.D. Fla. 2021). “Section 741.01(1) states, “Every marriage license shall be issued by a county court judge or clerk of the circuit court under his or her hand and seal.”
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