The 2023 Florida Statutes (including Special Session C)

Title XLIII
DOMESTIC RELATIONS

Chapter 741
MARRIAGE; DOMESTIC VIOLENCE

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F.S. 741.04

741.04 Issuance of marriage license.—

(1) A county court judge or clerk of the circuit court may not issue a license to marry to any person younger than 18 years of age, unless:

(a) The person is at least 17 years of age and provides the written consent of his or her parents or legal guardian, which is acknowledged by an officer authorized by law to take acknowledgments and administer oaths; and

(b) The older party to the marriage is not more than 2 years older than the younger party to the marriage.

(2) A county court judge or clerk of the circuit court may not issue a license to marry until the parties to the marriage file with the county court judge or clerk of the court a written and signed affidavit, made and subscribed before a person authorized by law to administer an oath, which provides:

(a) The social security number or any other available identification number for each person.

(b) The respective ages of the parties.

(3) The submission of social security numbers as provided in this section is intended to support the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996. The state has a compelling interest in promoting not only marriage, but also responsible parenting, which may include the payment of child support. Any person who has been issued a social security number shall provide that number in satisfying the requirement in subsection (2). Social security numbers or other identification numbers obtained under this section may be used only for the purposes of administration in Title IV-D child support enforcement cases.

(a) Any person who is not a citizen of the United States may provide either a social security number or an alien registration number issued by the United States Bureau of Citizenship and Immigration Services.

(b) Any person who is not a citizen of the United States and who has not been issued a social security number or an alien registration number is encouraged to provide another form of identification.

This subsection does not prohibit a county court judge or clerk of the circuit court from issuing a marriage license to individuals who are not citizens of the United States if one or both of them are unable to provide a social security number, an alien registration number, or another identification number.

(4) A county court judge or clerk of the circuit court may not issue a license for the marriage of any person unless the county court judge or clerk of the circuit court is first presented with both of the following:

(a) A written statement, signed by both parties, which specifies whether the parties, individually or together, have completed a premarital preparation course.

(b) A written statement that verifies that both parties have obtained and read or otherwise accessed the information contained in the handbook or other electronic media presentation of the rights and responsibilities of parties to a marriage specified in s. 741.0306.

(5) If a couple does not submit to the clerk of the circuit court valid certificates of completion of a premarital preparation course, the clerk shall delay the effective date of the marriage license by 3 days from the date of application, and the effective date must be printed on the marriage license in bold type. If a couple submits valid certificates of completion of a premarital preparation course, the effective date of the marriage license may not be delayed. The clerk shall grant exceptions to the delayed effective date requirement to non-Florida residents and to couples asserting hardship. Marriage license fee waivers are available to all eligible couples. A county court judge issuing a marriage license may waive the delayed effective date requirement for Florida residents who demonstrate good cause.

History.—s. 2, Nov. 2, 1829; s. 2, ch. 3720, 1887; s. 1, ch. 3890, 1889; RS 2055; GS 2574; s. 2, ch. 7828, 1919; RGS 3933; CGL 5850; s. 1, ch. 22643, 1945; s. 1, ch. 28103, 1953; s. 28, ch. 73-334; s. 1, ch. 74-372; s. 1, ch. 77-19; s. 64, ch. 77-121; s. 1, ch. 77-139; s. 1, ch. 78-266; s. 8, ch. 83-230; s. 1057, ch. 97-102; s. 67, ch. 97-170; s. 38, ch. 98-397; s. 8, ch. 98-403; s. 18, ch. 99-375; s. 152, ch. 2004-5; s. 1, ch. 2018-81.

F.S. 741.04 on Google Scholar

F.S. 741.04 on Casetext

Amendments to 741.04

Arrestable Offenses / Crimes under Fla. Stat. 741.04

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

S741.04 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 8562 - M: F

S741.04 2 - PUBLIC ORDER CRIMES - VIOLATE ISSUE OF MARRIAGE LICENSE - M: F

Annotations, Discussions, Cases:

Cases from cite.case.law:

FARMER, v. STATE, 268 So. 3d 1009 (Fla. App. Ct. 2019)

. . . Code § 46-411 (2018) ; § 741.04, Fla. Stat. (2018) ; Ga. Code Ann. § 19-3-2 (2018); Haw. Rev. . . .

BRANDON- THOMAS, v. BRANDON- THOMAS,, 163 So. 3d 644 (Fla. Dist. Ct. App. 2015)

. . . characterization of the claimed right at issue in this case demonstrates- that sections 741.212 and 741.04 . . . that article I, section 27, of the Florida Constitution and related statutes, sections 741.212 and 741.04 . . . It is hard to fathom that the legislators who passed sections 741.212 and 741.04(1) envisioned a scenario . . . that procreation and traditional family units undergird article I, section 27 and sections 741.212 and 741.04 . . .

BRENNER v. SCOTT, v., 999 F. Supp. 2d 1278 (N.D. Fla. 2014)

. . . The Brenner plaintiffs also challenge Florida Statutes § 741.04(1). . . . Florida Statutes § 741.04(1) provides: No county court judge or clerk of the circuit court in this state . . . marriage: Florida Constitution, Article I, § 27; Florida Statutes § 741.212; and Florida Statutes § 741.04 . . .

L. S. a v. STATE, 120 So. 3d 55 (Fla. Dist. Ct. App. 2013)

. . . . § 741.04, Fla. Stat. (2011). . . .

NATIONALIST MOVEMENT, v. CITY OF YORK, 425 F. Supp. 2d 574 (M.D. Pa. 2006)

. . . 741 Park Conduct 741.01 Council control of monuments. 741.02 Prohibited acts. 741.03 Public meetings. 741.04 . . . Passed 4-16-02.) 741.04 FISHING IN KIWANIS LAKE. . . .

ROPER, SUPERINTENDENT, POTOSI CORRECTIONAL CENTER v. SIMMONS, 543 U.S. 551 (U.S. 2005)

. . . . §§741.04, 741.0405 (2003) Georgia 16 Ga. . . .

G. KANTARAS, v. J. KANTARAS,, 884 So. 2d 155 (Fla. Dist. Ct. App. 2004)

. . . . § 741.04(1), Fla. Stat. (1987). . . .

LANE, v. MRA HOLDINGS, LLC d b a MRA AMX LLC, 242 F. Supp. 2d 1205 (M.D. Fla. 2002)

. . . . § 741.04. . See Fla. . . .

BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, v. D. B., 784 So. 2d 585 (Fla. Dist. Ct. App. 2001)

. . . security number, residence, mailing address, proof of birth date, proof of identity and photograph); § 741.04 . . .

LOWE, v. BROWARD COUNTY,, 766 So. 2d 1199 (Fla. Dist. Ct. App. 2000)

. . . Frazier, 509 So.2d 401 (Fla. 5th DCA 1987); see § 741.04(1), Fla. . . .

HABERERN, v. KAUPP VASCULAR SURGEONS, LTD. M., 855 F. Supp. 95 (E.D. Pa. 1994)

. . . Thus, a reduction of $741.04 is appropriate. . . .

In DONALD SHELDON CO. INC. L. HORWITZ, Co. v. SHELDON, 148 B.R. 385 (Bankr. S.D.N.Y. 1992)

. . . See, 4 Collier on Bankruptcy § 741.04, at 741-36. . . . of customers upon compliance with applicable laws, rules and regulations.” 4 Collier on Bankruptcy § 741.04 . . . such account, the trustee can recoup any deficiency from “firm” property. 4 Collier on Bankruptcy § 741.04 . . .

THOMPSON v. OKLAHOMA, 487 U.S. 815 (U.S. 1988)

. . . . §741.04 (1987) Ga. Ga. Code Ann. § 19-3-37 (1982) Haw. Haw. Rev. . . .

In BEVILL, BRESLER SCHULMAN ASSET MANAGEMENT CORPORATION, S. COHEN, v. ARMY MORAL SUPPORT FUND s Hi- F. S. B. Co. F. A. Co. N. A. In BEVILL, BRESLER SCHULMAN, INC. W. HILL, v. FIDELITY NEW YORK, F. A. N. A., 67 B.R. 557 (D.N.J. 1986)

. . . . § 78111(4); see also, 4 Collier on Bankruptcy, ¶ 741.04 (15th Ed.1985). . . .

In BEVILL, BRESLER SCHULMAN, INC. FIRST FEDERAL SAVINGS LOAN ASSOCIATION OF LINCOLN, v. BEVILL, BRESLER SCHULMAN, INC. W., 59 B.R. 353 (D.N.J. 1986)

. . . of customers, that are in the actual possession or control of the firm. 4 Collier on Bankruptcy, ¶ 741.04 . . . will yield each customer’s ratable share of the fund of customer property. 4 Collier on Bankruptcy, ¶ 741.04 . . . practicable, the theory of pari passu treatment of customer claims is identical. 4 Collier on Bankruptcy ¶ 741.04 . . .

In MILLER,, 227 So. 2d 73 (Fla. Dist. Ct. App. 1969)

. . . generally 24 Fla.Jur., Parent and Children, §§ 19 and 22; marry without parental consent, F.S.1953, Section 741.04 . . .

ATLANTIC COAST LINE RAILROAD COMPANY, a v. TEUTON, ATLANTIC COAST LINE RAILROAD COMPANY, a v. TEUTON, a E., 110 So. 2d 485 (Fla. Dist. Ct. App. 1959)

. . . Teuton, the father, is that he had laid out and expended a minimum of $741.04 for lawful expenses in . . .

MARGARET ELEANOR ECKERSLEY v. ROYDEN CYRIL ECKERSLEY, 157 Fla. 722 (Fla. 1946)

. . . presumption that as of the time of marriage the defendant was of marriageable age, as required by Section 741.04 . . .

CHARLES HERMAN LIGHT EVELYN JENNINGS v. B. A. MEGINNISS,, 156 Fla. 61 (Fla. 1945)

. . . which is the validity of Chapter 22643, Acts of 1945, which is as follows: “An Act Amending Section 741.04 . . . That Section 741.04 of Florida Statutes, 1941, be and the same is hereby amended so as to read as follows . . . : “741.04. . . . The amendatory part of the Act was in addition to original Section 741.04, Statutes of 1941, of the following . . . As hereinbefore appears, the title of the Act is as follows: “An Act amending Section 741.04 of Florida . . .