Florida Statute 741.01 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 741
MARRIAGE; DOMESTIC VIOLENCE

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F.S. 741.01

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.

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Amendments to 741.01

Arrestable Offenses / Crimes under Fla. Stat. 741.01

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 741.01.

Annotations, Discussions, Cases:

Cases Citing Statute 741.01

Total Results: 20

Hall v. MAAL

Court: District Court of Appeal of Florida | Date Filed: 2010-03-30

Citation: 32 So. 3d 682, 2010 Fla. App. LEXIS 4142, 2010 WL 1212794

Snippet: cognizable marriage in Florida. See generally §§ 741.01-.212, Fla. Stat. (2002). Persons desiring to be

In Re Report of Fam. Ct. Steering Comm.

Court: Supreme Court of Florida | Date Filed: 2001-05-03

Citation: 794 So. 2d 518, 2001 WL 1034530

Snippet: fees for dissolution of marriage. See §§ 28.101, 741.01(4) Fla. Stat. (2000). Over $4.5 million was appropriated

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Court: Florida Attorney General Reports | Date Filed: 1998-10-27

Snippet: Statistics to not record the fourth part. Section 741.01(1), Florida Statutes, states that every marriage

Walker v. Bentley

Court: District Court of Appeal of Florida | Date Filed: 1995-08-30

Citation: 660 So. 2d 313, 1995 WL 508902

Snippet: and disbursed to the trust fund establish in s. 741.01. The legislature passed this provision based on

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Court: Florida Attorney General Reports | Date Filed: 1993-08-27

Snippet: Butterworth Attorney General RAB/tgk 1 Section 741.01, F.S., prescribes separate fees for the application

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Court: Florida Attorney General Reports | Date Filed: 1991-09-18

Snippet: parties a marriage license issued accordingly to s.741.01, F.S.4 Within 10 days after solemnizing the marriage

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Court: Florida Attorney General Reports | Date Filed: 1989-03-17

Snippet: herein regarding this particular form. Section 741.01, F.S. (1988 Supp.), states in part that: Every

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Court: Florida Attorney General Reports | Date Filed: 1979-11-13

Snippet: the clerk are $2 pursuant to s.741.01(1), F. S.; $5 pursuant to s. 741.01(2); and $3 pursuant to s. 741

Metropolitan Dade County v. Shelton

Court: District Court of Appeal of Florida | Date Filed: 1979-09-12

Citation: 375 So. 2d 32

Snippet: license issued according to the requirements of § 741.01, and within 10 days after solemnizing the marriage

State Farm Mutual Automobile Insurance Company v. Kilbreath

Court: District Court of Appeal of Florida | Date Filed: 1978-09-20

Citation: 362 So. 2d 474, 1978 Fla. App. LEXIS 16366

Snippet: Insurance pursuant to the mandate contained in § 627.741(1), Florida Statutes (1971) and provides: 4-27.06

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Court: Florida Attorney General Reports | Date Filed: 1978-01-10

Snippet: there is no impediment to the marriage. Section 741.01, F. S., states in pertinent part: Every marriage

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Court: Florida Attorney General Reports | Date Filed: 1976-03-11

Snippet: the circuit court. (Emphasis supplied.) Section 741.01, F. S., specifies the license shall issue upon

Brandal v. ST. FARM MUT. AUTO. INS. CO.

Court: District Court of Appeal of Florida | Date Filed: 1976-03-05

Citation: 327 So. 2d 867

Snippet: wherein it is provided: "As used in §§ 627.730-627.741: (1) "Motor vehicle" means a sedan, station wagon,

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Court: Florida Attorney General Reports | Date Filed: 1976-02-06

Snippet: appears to be no impediment to the marriage, s. 741.01. Notwithstanding the fact that the law relating

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Court: Florida Attorney General Reports | Date Filed: 1975-09-09

Snippet: to s. 28.24(3), F.S. AS TO QUESTION 1: Under s. 741.01, F.S., as amended by Ch. 74-372, Laws of Florida

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Court: Florida Attorney General Reports | Date Filed: 1975-06-13

Snippet: For a period next previous to July 1, 1974, s. 741.01, F.S., authorized the issuance of a license to

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Court: Florida Attorney General Reports | Date Filed: 1975-01-29

Snippet: license issued according to the requirements of s. 741.01 . . . ." Section741.08, F.S. (1974 Supp.). Therefore

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Court: Florida Attorney General Reports | Date Filed: 1974-10-31

Snippet: appears to be no impediment to the marriage. Section 741.01, F.S. (1974 Supp.), insofar as it is material to

Negron v. Travelers Insurance Company

Court: District Court of Appeal of Florida | Date Filed: 1973-08-28

Citation: 282 So. 2d 28, 1973 Fla. App. LEXIS 7529, 60 A.L.R. 3d 647

Snippet: business of the insured." In addition, Section 627.741(1) of the Florida Automobile Reparations Reform Act

Renard v. Dade County

Court: District Court of Appeal of Florida | Date Filed: 1971-06-22

Citation: 249 So. 2d 500, 1971 Fla. App. LEXIS 6384

Snippet: Co. v. Maryland Casualty Co., Fla.1951, 55 So.2d 741; 1 Fla.Jur., Administrative Law, § 171. The County