Florida Statute 741.04 | Lawyer Caselaw & Research

The 2024 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.

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 Citing Statute 741.04

Total Results: 20

BRADLEY ENGLE v. MICHELLE K. ENGLE

Court: Fla. Dist. Ct. App. | Date Filed: 2019-07-03T00:53:00-07:00

Snippet: Broadfoot. 877 So. 2d at 741. -4- that "[t]he time to

James Farmer v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-29T00:00:00-07:00

Citation: 268 So. 3d 1009

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

Brandon-Thomas v. Brandon-Thomas

Court: Fla. Dist. Ct. App. | Date Filed: 2015-04-24T00:00:00-07:00

Citation: 163 So. 3d 644, 2015 Fla. App. LEXIS 6051, 2015 WL 1874457

Snippet: this case demonstrates- that sections 741.212 and 741.04 have minimal application to a case involving the…Constitution and related statutes, sections 741.212 and 741.04(1) (“No county court judge or clerk of the circuit…the legislators who passed sections 741.212 and 741.04(1) envisioned a scenario where assets remain unmarketable… article I, section 27 and sections 741.212 and 741.04(1). But, in the context of recognizing same-sex

L.S. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-07-24T00:00:00-07:00

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

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

Chuck v. City of Homestead Police Dept.

Court: Fla. Dist. Ct. App. | Date Filed: 2004-12-14T23:53:00-08:00

Citation: 888 So. 2d 736

Snippet: envelope is attached as Exhibit "A". *741 4) On or about November 26, 2001, I was released from

In Re Cert. of Need for Additional Judges

Court: Fla. | Date Filed: 2004-11-30T00:00:00-08:00

Citation: 889 So. 2d 734

Snippet: judges each for the Sixth and Ninth Circuits; *741 4. Four additional circuit judges each for the Seventh

Kantaras v. Kantaras

Court: Fla. Dist. Ct. App. | Date Filed: 2004-07-23T00:53:00-07:00

Citation: 884 So. 2d 155

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 2001-05-16T00:53:00-07:00

Citation: 784 So. 2d 585

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

Lowe v. Broward County

Court: Fla. Dist. Ct. App. | Date Filed: 2000-09-20T00:53:00-07:00

Citation: 766 So. 2d 1199

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

Ago

Court: Fla. Att'y Gen. | Date Filed: 1999-11-08T23:53:00-08:00

Snippet: number in light of the requirements of section 741.04, Florida Statutes. The statute had been amended…11), Florida Statutes, was also added to section 741.04, Florida Statutes, by Chapter 97-170, Laws of Florida…required by the federal welfare reform act. Section 741.04, Florida Statutes (as does section 455.564, Florida… office concluded that the amendment of section 741.04, Florida Statutes, by Chapter 97-170, Laws of Florida…applicable to the instant inquiry. Like section 741.04, Florida Statutes, section 455.564, Florida Statutes

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

Snippet: social security number elicited pursuant to section 741.04, Florida Statutes, no such exemption is apparent…68.07, and data related thereto." 3 Section 741.04, Fla. Stat. 4 Id. 5 Section 741.09, Fla. Stat.

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Court: Fla. Att'y Gen. | Date Filed: 1997-10-20T00:53:00-07:00

Snippet: have a social security number? In sum: Section 741.04, Florida Statutes, should be construed in light… may be issued. The recent amendment to section 741.04, Florida Statutes, that marriage license applicants…who do not have a social security number. Section 741.04, Florida Statutes, was amended by section 67, Chapter…individuals in light of the requirements of section 741.04, Florida Statutes, as amended. It is a fundamental…Chapter 97-170, Laws of Florida, amending section 741.04, Florida Statutes, indicates that the act sought

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

Snippet: information required by s. 741.04, F.S. After satisfying the provisions of s. 741.04, F.S., a marriage license

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

Snippet: impediment to the marriage. 5 See, AGO 76-60 (s. 741.04, F.S., merely requires the filing of an affidavit

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Court: Fla. Att'y Gen. | Date Filed: 1988-04-25T00:53:00-07:00

Snippet: Attorney General 723, AGO 46-239, stating that s. 741.04, F.S. 1941, requiring the written consent of the…the said Sections 5848 and 5850 into one section, 741.04, and retained the requirement of the written consent…, Laws of Florida, deleted the provision in s. 741.04, F.S., pertaining to the marriage of minors and

State Farm Mutual Automobile Insurance v. Pierce

Court: Fla. Dist. Ct. App. | Date Filed: 1980-06-04T00:00:00-07:00

Citation: 383 So. 2d 1184, 1980 Fla. App. LEXIS 16378

Snippet: which security is required under ss. 627.730-627.741. (4) Accidental bodily injury sustained in this state

STATE FARM AUTO. INS. CO. v. Kraver

Court: Fla. Dist. Ct. App. | Date Filed: 1978-12-04T23:53:00-08:00

Citation: 364 So. 2d 1259

Snippet: which security is required under ss. 627.730-627.741. 4. Accidental bodily injury sustained in this state

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

Snippet: the circuit court are bound by the terms of s. 741.04, F. S., which authorizes and requires the issuance…QUESTION 1: Prior to the 1977 legislative session, s. 741.04, F. S., provided,inter alia, that no marriage license…except as hereinabove provided. Although both ss. 741.04 and 741.06, F. S. 1975, used the age of 21 years…076-60 and 074-201 in which I concluded that s. 741.04 required parental consent prior to the issuance…age of 18 years; see also AGO 073-241. Sections 741.04 and 741.06 F. S. 1975, read together, clearly established

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

Snippet: question is answered in the affirmative. Section 741.04, F. S., as amended by s. 1, Ch. 77-19 and s. 64…repeal of s. 741.06 the provisions contained in s. 741.04 must govern the issuance of these licenses to minors… minors. Accordingly, under the terms of s. 741.04, it appears that a 17-year-old male may be issued a

Standard Marine Ins. Co. v. Allyn

Court: Fla. Dist. Ct. App. | Date Filed: 1976-06-23T00:53:00-07:00

Citation: 333 So. 2d 497

Snippet: .S. 627.732. [3] Florida Statutes 627.730-627.741. [4] Florida Statute 324.021(1). [5] Davis v. United