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

VERNSON EDWARD DORTCH v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-04T00:53:00-07:00

Snippet: (Fla. 5th DCA 2009); Hicks, 915 So. 2d at 741. There is one exception in the Fifth District’s dismissal

Dortch v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-04T00:00:00-07:00

Citation: 242 So. 3d 431

Snippet: Fla. 5th DCA 2009) ; Hicks , 915 So.2d at 741. There is one exception in the Fifth District's dismissal

Hall v. MAAL

Court: Fla. Dist. Ct. App. | Date Filed: 2010-03-30T00:00:00-07:00

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… judge or the clerk of the circuit court. See § 741.01, Fla. Stat. (2002). After issuance, a license is…license issued according to the requirements of s. 741.01, and within 10 days after solemnizing the marriage

In Re Report of Fam. Ct. Steering Comm.

Court: Fla. | Date Filed: 2001-05-03T00:53:00-07:00

Citation: 794 So. 2d 518

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: Fla. Att'y Gen. | Date Filed: 1998-10-26T23:53:00-08:00

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

Walker v. Bentley

Court: Fla. Dist. Ct. App. | Date Filed: 1995-08-30T00:53:00-07:00

Citation: 660 So. 2d 313

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

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Court: Fla. Att'y Gen. | Date Filed: 1993-08-27T00:53:00-07:00

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. 741.02…and collected are $2 pursuant to s.741.01[1] 5 pursuant to s. 741.01[2]; 3 pursuant to s. 741.02; and 10… Butterworth Attorney General RAB/tgk 1 Section 741.01, F.S., prescribes separate fees for the application

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Court: Fla. Att'y Gen. | Date Filed: 1991-09-18T00:53:00-07:00

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: Fla. Att'y Gen. | Date Filed: 1989-03-16T23:53:00-08:00

Snippet: herein regarding this particular form. Section 741.01, F.S. (1988 Supp.), states in part that: Every…as has been granted by the Legislature.1 Section 741.01, F.S., supra, represents a delegation of a portion…issuing officers of marriage licenses. However, s. 741.01, F.S., supra, does not appear to grant the clerk

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Court: Fla. Att'y Gen. | Date Filed: 1979-11-12T23:53:00-08:00

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. 741.02…and collected are $2 pursuant to s. 741.01(1); $5 pursuant to s.741.01(2); $3 pursuant to s. 741.02; and…the $2 fee provided in s.741.01(1), F. S., the $5 fee prescribed by s. 741.01(2), and the $3 fee provided…the clerk are $2 pursuant to s. 741.01(1), F. S.; $5 pursuant to s. 741.01(2); and $3 pursuant to s. 741.02… collected are $2 pursuant to s. 741.01(1); $5 pursuant to s. 741.01(2); $3 pursuant to s. 741.02; and

Metropolitan Dade County v. Shelton

Court: Fla. Dist. Ct. App. | Date Filed: 1979-09-12T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 1978-09-20T00:53:00-07:00

Citation: 362 So. 2d 474

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

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Court: Fla. Att'y Gen. | Date Filed: 1978-01-09T23:53:00-08:00

Snippet: there is no impediment to the marriage. Section 741.01, F. S., states in pertinent part: Every marriage…as has been granted by the Legislature. Section 741.01, F. S., represents a delegation of some of the … issuing officers of marriage licenses. Section 741.01 does not, however, appear to grant the clerk or

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Court: Fla. Att'y Gen. | Date Filed: 1976-03-10T23:53:00-08:00

Snippet: the circuit court. (Emphasis supplied.) Section 741.01, F. S., specifies the license shall issue upon …including the day application is made). Sections 741.01 and 741.04, F. S. (Before issuance of the license…any impediment to the marriage, as required by s. 741.01, F. S., or if the parties were minors (under 18

Brandal v. State Farm Mutual Automobile Insurance

Court: Fla. Dist. Ct. App. | Date Filed: 1976-03-05T00:00:00-08:00

Citation: 327 So. 2d 867, 1976 Fla. App. LEXIS 14745

Snippet: wherein it is provided: “As used in §§ 627.730m527.741 : (1) “Motor vehicle” means a sedan, station wagon,

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

Court: Fla. Dist. Ct. App. | Date Filed: 1976-03-04T23:53:00-08:00

Citation: 327 So. 2d 867

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

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Court: Fla. Att'y Gen. | Date Filed: 1976-02-05T23:53:00-08:00

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

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Court: Fla. Att'y Gen. | Date Filed: 1975-09-09T00:53:00-07:00

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: Fla. Att'y Gen. | Date Filed: 1975-06-13T00:53:00-07:00

Snippet: For a period next previous to July 1, 1974, s. 741.01, F.S., authorized the issuance of a license to …county wherein the woman resides." Section 741.01, F.S., was rewritten in 1974 by Ch. 74-372, Laws…upon approval of the Governor on that day. Section 741.01, as rewritten, does not contain the quoted words…1974 Legislature enacted legislation involving s. 741.01, F.S., at an earlier day in the session, viz.: …repealed by s. 2 of Ch. 74-372, aforesaid. Section 741.01, F.S., as it appeared in Ch. 74-3, enacted and

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Court: Fla. Att'y Gen. | Date Filed: 1975-01-28T23:53:00-08:00

Snippet: license issued according to the requirements of s. 741.01 . . . ." Section741.08, F.S. (1974 Supp.).…marriage is a valid license issued according to s.741.01, F.S., which simply provides for the place of issuance