Florida Statute 741.4 - Full Text and Legal Analysis

The 2025 Florida Statutes

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.

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F.S. 741.04 on CourtListener

Amendments to 741.04

Annotations, Discussions, Cases:

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

Cases Citing Statute 741.04

Total Results: 23

Lowe v. Broward County

766 So. 2d 1199, 2000 Fla. App. LEXIS 11893, 2000 WL 1345513

District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 1329491

Cited 25 times | Published

Frazier, 509 So.2d 401 (Fla. 5th DCA 1987); see § 741.04(1), Fla. Stat. (1999) (providing that the "state

In Re ESM GOVERNMENT SECURITIES, INC., Debtor. Thomas TEW, as Trustee, Plaintiff-Appellee, v. RESOURCE MANAGEMENT, Defendant-Appellant

812 F.2d 1374, 3 U.C.C. Rep. Serv. 2d (West) 1175, 1987 U.S. App. LEXIS 3672

Court of Appeals for the Eleventh Circuit | Filed: Mar 23, 1987 | Docket: 973838

Cited 24 times | Published

separate fund of “customer property” [11 U.S.C. § 741(4) ] is created for the benefit of a separate class

Lane v. MRA HOLDINGS, LLC

242 F. Supp. 2d 1205, 2002 U.S. Dist. LEXIS 24111, 2002 WL 31940726

District Court, M.D. Florida | Filed: Nov 26, 2002 | Docket: 8427

Cited 15 times | Published

See Fla. Stat. § 381.0075. [46] See Fla. Stat. § 741.04. [47] See Fla. Stat. § 790.22 ("The use for any

Light v. Meginniss

22 So. 2d 455, 156 Fla. 61, 1945 Fla. LEXIS 749

Supreme Court of Florida | Filed: Jun 7, 1945 | Docket: 3275693

Cited 10 times | Published

1945, which is as follows: "An Act Amending Section 741.04 of Florida Statutes, 1941, Said Section Dealing

Bd. of Co. Com'rs of Palm Beach v. Db

784 So. 2d 585, 2001 Fla. App. LEXIS 6954, 2001 WL 527644

District Court of Appeal of Florida | Filed: May 16, 2001 | Docket: 1744045

Cited 6 times | Published

date, proof of identity *590 and photograph); § 741.04, Fla. Stat. (1999) (marriage license application

Eckersley v. Eckersley

26 So. 2d 811, 157 Fla. 722, 1946 Fla. LEXIS 837

Supreme Court of Florida | Filed: Jul 16, 1946 | Docket: 3272588

Cited 4 times | Published

defendant was of marriageable age, as required by Section 741.04, Florida Statutes, 1941, F.S.A., and that he

Brenner v. Scott

999 F. Supp. 2d 1278, 2014 WL 4113100

District Court, N.D. Florida | Filed: Aug 21, 2014 | Docket: 65997719

Cited 2 times | Published

Brenner plaintiffs also challenge Florida Statutes § 741.04(1). Article I, § 27 provides: Marriage defined

Kantaras v. Kantaras

884 So. 2d 155, 2004 WL 1635003

District Court of Appeal of Florida | Filed: Jul 23, 2004 | Docket: 1281908

Cited 2 times | Published

party is a male and the other party is a female. § 741.04(1), Fla. Stat. (1987). In 1997, the legislature

In Re Adoption of Miller

227 So. 2d 73

District Court of Appeal of Florida | Filed: Sep 29, 1969 | Docket: 940449

Cited 2 times | Published

marry without parental consent, F.S. 1953, Section 741.04, F.S.A.; and disinherit their parents F.S.

James Farmer v. State of Florida

268 So. 3d 1009

District Court of Appeal of Florida | Filed: Apr 29, 2019 | Docket: 15013083

Cited 1 times | Published

, 13 § 123 (2019); D.C. Code § 46-411 (2018); § 741.04, Fla. Stat. (2018); Ga. Code Ann. § 19-3-2 (2018);

L.S. v. State

120 So. 3d 55, 2013 WL 3811672, 2013 Fla. App. LEXIS 11592

District Court of Appeal of Florida | Filed: Jul 24, 2013 | Docket: 60234141

Published

Statutes. Their right to marry is restricted. § 741.04, Fla. Stat. (2011). They cannot purchase sexually

Ago

Florida Attorney General Reports | Filed: Nov 9, 1999 | Docket: 3255185

Published

security number in light of the requirements of section 741.04, Florida Statutes. The statute had been amended

Ago

Florida Attorney General Reports | Filed: Oct 27, 1998 | Docket: 3258709

Published

social security number elicited pursuant to section 741.04, Florida Statutes, no such exemption is apparent

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Florida Attorney General Reports | Filed: Oct 20, 1997 | Docket: 3258354

Published

not have a social security number? In sum: Section 741.04, Florida Statutes, should be construed in light

Ago

Florida Attorney General Reports | Filed: Apr 25, 1988 | Docket: 3257696

Published

combined the said Sections 5848 and 5850 into one section, 741.04, and retained the requirement of the written

In Re ESM Government Securities, Inc.

52 B.R. 372, 1985 U.S. Dist. LEXIS 18739

District Court, S.D. Florida | Filed: Jun 19, 1985 | Docket: 1772839

Published

a fungible block for all customers. 11 U.S.C. § 741(4); Matter of Paragon Securities Co., 599 F.2d 551

Ago

Florida Attorney General Reports | Filed: Jan 10, 1978 | Docket: 3257401

Published

Your question is answered in the affirmative. Section 741.04, F. S., as amended by s. 1, Ch. 77-19 and s

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Florida Attorney General Reports | Filed: Jan 10, 1978 | Docket: 3255453

Published

years of age or older. See title of Ch. 77-121. Section 741.04 now provides that the age of consent is 18

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Florida Attorney General Reports | Filed: Mar 11, 1976 | Docket: 3258171

Published

application by both parties. AS TO QUESTION 1: Section 741.04, F. S., among other things, provides that no

Ago

Florida Attorney General Reports | Filed: Sep 9, 1975 | Docket: 3255339

Published

circuit court may issue marriage licenses. Section 741.04, F.S. (1974 Supp.), provides, inter alia, that

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Florida Attorney General Reports | Filed: Jan 29, 1975 | Docket: 3258889

Published

relevant sections of the Florida Statutes. Section 741.04, F.S., provides that: No county court judge

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Florida Attorney General Reports | Filed: Oct 31, 1974 | Docket: 3255686

Published

to be no impediment to the marriage. . . . Section 741.04, F.S. (1974 Supp.), insofar as is pertinent

Ago

Florida Attorney General Reports | Filed: Jul 16, 1974 | Docket: 3257993

Published

persons eighteen years of age or older? SUMMARY: Section 741.04, F.S., as reenacted by the 1974 Florida Legislature