CopyCited 24 times | Published | District Court, M.D. Florida | 1 A.L.R. Fed. 2d 611, 2005 U.S. Dist. LEXIS 755, 2005 WL 281272
...(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....
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Cited "but see"Donaldson (2012)phrase: "but see"
Cited "but see"Donaldson (2012)phrase: "but see"
CopyCited 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....
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Cited as authorityRoberts (2023)phrase: "rule_authority"
Cited as authorityHall (2010)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 4142, 2010 WL 1212794
...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....
0 red0 yellow3 green0 procedural
Cited as authorityRoberts (2023)phrase: "rule_authority"
Cited as authorityOliver (2014)phrase: "rule_authority"
Cited as authorityRaulerson (2011)phrase: "rule_authority"
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
...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....
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
Vital Statistics to not record the fourth part. Section
741.01(1), Florida Statutes, states that every marriage
CopyAgo (Fla. Att'y Gen. 1979).
Published | Florida Attorney General Reports
1922); see also 82 C.J.S.Statutes s. 76, p. 133. Section
741.01, F. S. 1977, as amended and reenacted by the
CopyAgo (Fla. Att'y Gen. 1989).
Published | Florida Attorney General Reports
expressed herein regarding this particular form. Section
741.01, F.S. (1988 Supp.), states in part that:
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
...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....
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
"in the county wherein the woman resides." Section
741.01, F.S., was rewritten in 1974 by Ch. 74-372
CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
...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....
CopyAgo (Fla. Att'y Gen. 1993).
Published | Florida Attorney General Reports
Robert A. Butterworth Attorney General RAB/tgk 1 Section
741.01, F.S., prescribes separate fees for the application
