Arrestable Offenses / Crimes under Fla. Stat. 741.04
S741.04 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 8562 - M: F
CopyCited 25 times | Published | Florida 4th District Court of Appeal | 2000 Fla. App. LEXIS 11893, 2000 WL 1345513
...f the natural family unit." In re Guardianship of D.A. McW.,
429 So.2d 699, 703-04 (Fla. 4th DCA 1983), approved,
460 So.2d 368 (Fla. 1984), superseded by statute on other grounds as noted in Barnes v. Frazier,
509 So.2d 401 (Fla. 5th DCA 1987); see §
741.04(1), Fla....
...in to the minimum age for the capacity to contract than it is a hallmark of a marriage. Compare BROWARD CO., FLA.CODE § 16½-153(b)(1) (1999) with §
743.07(1), Fla. Stat. (1999) (removing disability of age for persons 18 years of age or older) and §
741.0405, Fla....
CopyCited 24 times | Published | Court of Appeals for the Eleventh Circuit | 3 U.C.C. Rep. Serv. 2d (West) 1175, 1987 U.S. App. LEXIS 3672
separate fund of “customer property” [11 U.S.C. § 741(4) ] is created for the benefit of a separate class
CopyCited 15 times | Published | District Court, M.D. Florida | 2002 U.S. Dist. LEXIS 24111, 2002 WL 31940726
...Thus, a finding that Lane could consent to the publication of her image and likeness in Girls Gone Wild does not contravene Florida's public policy against the sexual exploitation of children. [43] See Fla. Stat. §
40.01. [44] See Fla. Stat. §
97.041. [45] See Fla. Stat. §
381.0075. [46] See Fla. Stat. §
741.04....
CopyCited 10 times | Published | Supreme Court of Florida | 156 Fla. 61, 1945 Fla. LEXIS 749
...original proceeding in mandamus in which we assume original jurisdiction because of the great public interest in the determination of the question involved which is the validity of Chapter 22643, Acts of 1945, which is as follows: “An Act Amending Section 741.04 of Florida Statutes, 1941, Said Section Dealing with the Matter of the Issuance of Marriage Licenses in the State of Florida. Be It Enacted By the Legislature of the State of Florida : “Section 1. That Section 741.04 of Florida Statutes, 1941, be and the same is hereby amended so as to read as follows: “741.04....
...That all laws or parts of laws in conflict herewith be and the same are hereby repealed. “Section 3. That this Act shall become effective immediately upon its passage and approval by the Governar, or upon becoming a law without such approval.” The amendatory part of the Act was in addition to original Section 741.04, Statutes of 1941, of the following language: “and provided further, no marriage license shall be issued by any county judge in this State until after the expiration of three days from the date application is made to a county judge b...
..., Laws of 1945, a constitutional enactment of the Legislature of the State of Florida in view of Section 16, Article III, of the Constitution of the State of Florida?” As hereinbefore appears, the title of the Act is as follows: “An Act amending Section 741.04 of Florida Statutes, 1941; Said Section Dealing with the Matter of the Issuance of Marriage Licenses in the State of Florida.” This title is sufficient to comply with the requirements of Section 16, Article III of the Constitution of...
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 6954, 2001 WL 527644
...Various Florida statutes require that individuals provide some of the same information required by the County ordinance. See, e.g., §
322.08, Fla. Stat. (1999) (driver's license application requires name, social security number, residence, mailing address, proof of birth date, proof of identity *590 and photograph); §
741.04, Fla....
CopyCited 4 times | Published | Supreme Court of Florida | 157 Fla. 722, 1946 Fla. LEXIS 837
...t the time of the marriage of the parties the husband was in the military service of the United States. We think these facts raise a strong justifiable presumption that as of the time of marriage the defendant was of marriageable age, as required by Section 741.04, Florida Statutes, 1941, F.S.A., and that he was of the lawful and requisite age to be a member of the United States Military forces — in which either event the defendant would have been over the age of twenty-one years at the time of the institution of suit....
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...their legal status. Adults may change their names, F.S. 1967, Section 62.031, F.S.A.; sue their parents, F.R.Civ.Proc., Rule 1.210, 30 F.S.A., see generally 24 Fla.Jur., Parent and Children, §§ 19 and 22; marry without parental consent, F.S. 1953, Section 741.04, F.S.A.; and disinherit their parents F.S....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1635003
...first presented and filed with him an affidavit in writing, signed by both parties to the marriage, made and subscribed before some person authorized by law to administer an oath, . . . and unless one party is a male and the other party is a female. § 741.04(1), Fla....
CopyCited 2 times | Published | District Court, N.D. Florida | 2014 WL 4113100
...t Clause, and the Supremacy Clause. D. The Challenged Provisions The Brenner and Grimsley plaintiffs all challenge Article I, § 27, of the Florida Constitution, and Florida Statutes §
741.212. The Brenner plaintiffs also challenge Florida Statutes §
741.04(1)....
...hip. (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. Florida Statutes § 741.04(1) provides: No county court judge or clerk of the circuit court in this state shall issue a license for the marriage of any person ......
...The defendant Secretary of the Florida Department of Management Services and the defendant Florida Surgeon General must take no steps to enforce or apply these Florida provisions on same-sex marriage: Florida Constitution, Article I, § 27; Florida Statutes §
741.212; and Florida Statutes §
741.04(1)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...§
20.05.171
(2018); Ariz. Stat. Ann. § 25-102 (2018); Ark. Code Ann. § 9-11-102
(2018); Cal. Fam. Code § 301 (2018); Colo. Rev. Stat. § 14-2-106
(2018); Conn. Gen. Stat. § 46b-20a (2018); Del. Code Ann. tit., 13 §
123 (2019); D.C. Code § 46-411 (2018); §
741.04, Fla....
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
QUESTIONS: 1. May the posting of a copy of a marriage license application pursuant to s. 741.04 , F.S....
...h circuit court clerk's office? 2. May the circuit court clerk assess a fee for verification pursuant to s.
28.24 (3), F.S., when he certifies a photocopy of an instrument? SUMMARY: The posting of a copy of a marriage license application pursuant to s.
741.04 , F.S....
...When the clerk certifies a photocopy of an instrument, he may not assess a fee for verification pursuant 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, either the county court judge or the clerk of the circuit court may issue marriage licenses. Section
741.04 , F.S....
...usiness" at locations other than the county seat but provides also that "[n]o instrument shall be deemed recorded in the county until filed at the county seat according to law." Pending legislative or judicial clarification, I am of the opinion that s. 741.04 , F.S....
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
...ued by a county court judge or clerk of the circuit court, under his hand and seal. Said county court judge or clerk of the circuit court shall issue such license, upon application therefor if there appears to be no impediment to the marriage. . . . Section 741.04 , F.S....
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
social security number elicited pursuant to section
741.04, Florida Statutes, no such exemption is apparent
CopyAgo (Fla. Att'y Gen. 1997).
Published | Florida Attorney General Reports
...Dear Mr. Alfonso: On behalf of the Clerk of the Circuit Court for Pasco County, you ask substantially the following question: May the clerk of the circuit court issue a marriage license to an alien who does not have a social security number? In sum: Section 741.04 , Florida Statutes, should be construed in light of its expressed purpose, which is to assist in the effective enforcement of child support orders and not to limit the persons to whom marriage licenses may be issued. The recent amendment to section 741.04 , Florida Statutes, that marriage license applicants provide social security numbers, therefore, should not be construed to prohibit the clerk from issuing a marriage license to otherwise qualified aliens who do not possess social security numbers; however, the clerk should use an alternate uniform identification number, such as an alien's Immigration and Naturalization Service number, for such persons who do not have a social security number. Section 741.04 , Florida Statutes, was amended by section 67, Chapter 97-170, Laws of Florida, to provide: "No county court judge or clerk of the circuit court in this state shall issue a license for the marriage of any person unless there shall be f...
...ial security numbers of each party, made and subscribed before some person authorized by law to administer an oath, reciting the true and correct ages of such parties; unless both such parties shall be over the age of 18 years, except as provided in s. 741.0405 ; and unless one party is a male and the other party is a female....
...1 As you note in your letter, some aliens seeking to be married in the State of Florida do not have social security numbers. 2 The question has therefore been raised as to whether the clerk may issue a marriage license to such individuals in light of the requirements of section 741.04 , Florida Statutes, as amended....
...It is a fundamental principle that statutes are to be construed so as to carry out the legislative intent. 3 Moreover, a construction of a statute that would lead to unreasonable, harsh or absurd results is to be avoided. 4 An examination of Chapter 97-170, Laws of Florida, amending section 741.04 , Florida Statutes, indicates that the act sought to implement changes required by the federal welfare reform act. Section 741.04 itself recognizes that the requirement that social security numbers be provided is pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 5 (welfare reform act) and that disclosure of such numbers is limited to the purpose of administration of the Title IV-D program for child support enforcement. Thus the clear intent of the amendment to section 741.04 , Florida Statutes, was to comply with the requirements of the federal welfare reform act and to ensure greater enforcement of child support orders....
...ate. Clearly there will be instances where people have died who have no social security number, and it would be absurd to read the federal act as preventing a state from issuing a death certificate in those instances. Moreover, the 1997 amendment of section 741.04 , Florida Statutes, was enacted to give effect to the federal act....
...The clerk, however, should use another uniform identification number in place of the social security number for those aliens who do not have a social security number. This issue should be addressed by the Legislature and clarified in light of the language of section 741.04 , Florida Statutes, as amended....
CopyAgo (Fla. Att'y Gen. 1999).
Published | Florida Attorney General Reports
...3 In Attorney General Opinion 97-74, this office examined the intent of the Legislature in adopting Chapter 97-170, Laws of Florida. The opinion addressed whether the clerk of the court could issue a marriage license to aliens who did not have a social security number in light of the requirements of section 741.04 , Florida Statutes....
...The statute had been amended by Chapter 97-170, Laws of Florida, to require the social security numbers of both parties seeking a marriage license. Language identical to that currently contained in section 455.564(11), Florida Statutes, was also added to section 741.04 , Florida Statutes, by Chapter 97-170, Laws of Florida. After reviewing Chapter 97-170, Laws of Florida, this office concluded that the act sought to implement changes required by the federal welfare reform act. Section 741.04 , Florida Statutes (as does section 455.564, Florida Statutes) specifically recognizes that the requirement that social security numbers be provided is pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation...
...t of child support orders. Nothing in the amendatory legislation indicates an intent by the Legislature to further limit or restrict those who may obtain a license. Thus, in Attorney General Opinion 97-74, this office concluded that the amendment of section 741.04 , Florida Statutes, by Chapter 97-170, Laws of Florida, should be interpreted in light of its expressed purpose and should not be construed to prohibit the clerk from issuing a marriage license to otherwise qualified aliens who do not possess a social security number....
...rnate uniform identification number be used, such as an alien's Immigration and Naturalization Service Number. 7 The analysis and conclusion reached in Attorney General Opinion 97-74 would appear to be equally applicable to the instant inquiry. Like section 741.04 , Florida Statutes, section 455.564, Florida Statutes, was amended by Chapter 97-170, Laws of Florida, as a means of giving effect to the federal act....
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
...When a marriage application (not signed and sealed) is not given to the issuing authority fully completed, then the statutory waiting period begins when the issuing authority receives the completed and duly executed application by both parties. AS TO QUESTION 1: Section 741.04 , F....
...ions of this section. No license to marry shall be granted to any male under the age of 18 years, nor to any female under the age of 16 years, with or without the consent of their parents except as hereinabove provided. (Emphasis supplied.) Although s. 741.04 , F....
...In spite of the fact that both of these provisions use the age of 21 years as the age of majority, the Legislature, by Ch. 73-21, Laws of Florida, removed the disability of nonage for persons 18 years of age and older. In AGO 074-201, I concluded that s. 741.04 , F....
...A female under the age of 16 years may be issued a marriage license only upon sworn application of both applicants for the license under oath that they are the parents or expectant parents of a child. Your first question is answered in the negative. AS TO QUESTION 2: Section 741.04 , F....
...rementioned statutory provisions. Initially, one or both of the applicants request an application and complete it as required by law. One or both of the applicants return with the completed application, which includes the sworn affidavit required by s. 741.04 , F....
...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....
...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. S., or if the parties were minors (under 18 years of age), as required by s.
741.04 , F. S. Section
741.04 , F....
...issuing authority as to the applicants' true ages. Cf. AGO 071-383. Sections 90.01 and 90.011, F. S., provide for the administering of oaths, affidavits, and acknowledgments required or authorized under the laws of Florida, such as those required by s. 741.04 , F....
...In AGO 075-174, I concluded that residence in the county where the license is to be issued is no longer a requirement for the issuance of a marriage license. (Therein, I also noted that United States citizenship is not a prerequisite to the issuance of a marriage license in Florida.) Section 741.04 , F....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 3811672, 2013 Fla. App. LEXIS 11592
...Juveniles are not entitled to all of the constitutional rights possessed by adults. Juveniles in Florida cannot legally vote, Article VI, Section 2 of the Florida Constitution, or serve on a jury, section
40.01, Florida Statutes. Their right to marry is restricted. §
741.04, Fla....
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
persons eighteen years of age or older? SUMMARY: Section
741.04, F.S., as reenacted by the 1974 Florida Legislature
CopyAgo (Fla. Att'y Gen. 1975).
Published | Florida Attorney General Reports
...tion to solemnization of the marriage and therefore revocation of consent after the valid issuance of a license will not prevent solemnization. In answering this question, I would like to refer first to the relevant sections of the Florida Statutes. Section 741.04 , F.S., provides that: No county court judge or clerk of the circuit court in this state shall issue a license for the marriage of any person, unless ....
...(1974 Supp.). Therefore, consent of both parents is a precondition to the issuance of a marriage license for a minor in Florida. Such consent must be in writing and filed with the county court judge or clerk of the circuit court, and must also be acknowledged. Section 741.04 , F.S....
CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
...his parents or guardians. In the absence of such a statute, the common-law rules regarding the age at which a person is deemed competent to contract a valid marriage should be adopted. AS TO QUESTION 1: Your question is answered in the affirmative. Section 741.04 , F....
...In AGO 078-5, I considered the effect of the repeal of s. 741.06 by s. 2, Ch. 77-19 on the issuance of marriage licenses to persons under the age of 18 years. In that opinion, I concluded that with the repeal of s. 741.06 the provisions contained in s. 741.04 must govern the issuance of these licenses to minors. Accordingly, under the terms of s. 741.04 , it appears that a 17-year-old male may be issued a marriage license provided there appears to be no impediment to the marriage (other than age) and he has received the written consent of his parents or guardians....
CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
...ors are parents or expectant parents of a child has been removed or revoked by s. 2, Ch. 77-19 , Laws of Florida, repealing s. 741.06 effective October 1, 1977. Therefore, county court judges and clerks of the circuit court are bound by the terms of s. 741.04 , F....
...s of age for males and 12 years of age for females, should be applied in issuing marriage licenses to minors with the properly acknowledged written consent of such minors' parents or guardian. AS TO QUESTION 1: Prior to the 1977 legislative session, s. 741.04 , F....
...nder the provisions of this section. No license to marry shall be granted to any male under the age of 18 years, nor to any female under the age of 16 years, with or without the consent of their parents except as hereinabove provided. Although both ss. 741.04 and 741.06, F. S. 1975, used the age of 21 years as the age of majority, the Legislature in Ch. 73-21 , Laws of Florida, removed the disability of nonage for persons 18 years of age or older. See AGO's 076-60 and 074-201 in which I concluded that s. 741.04 required parental consent prior to the issuance of a marriage license only for persons under the age of 18 years; see also AGO 073-241. Sections 741.04 and 741.06 F....
...to males under the age of 18 and females under the age of 16 unless they were parents or expectant parents of a child. See also AGO 076-60, question 1. While both the county court judge and the clerk of the circuit court possess the authority under s. 741.04 to issue marriage licenses, only the county court judge was granted the limited discretion to issue licenses to minors who were parents or expectant parents of a child as provided in s. 741.06. See the title and s. 1, Ch. 74-372 , Laws of Florida, which amended s. 741.04 to empower the clerk of the circuit court to issue marriage licenses. The 1977 Legislature, in regular session, passed Ch. 77-19 , Laws of Florida, amending Ch. 741, F. S., effective October 1, 1977. Section 1 of the act in pertinent part revised the language in s. 741.04 , F....
...license at the front door of the county courthouse except for those counties which have fewer than 75,000 residents. See title of Ch. 77-19 . Section 63 of Ch. 77-121 , Laws of Florida, a reviser's bill relating to the disability of nonage, amended s. 741.04 to conform it to Ch. 73-21 , Laws of Florida, which defined `minor' to include persons under age 18 and removed the disabilities of nonage for all persons 18 years of age or older. See title of Ch. 77-121 . Section 741.04 now provides that the age of consent is 18 years of age....
...741 by expressly stating that `[s]ection 741.06, Florida Statutes, as created by [Ch.] 39-18021, Laws of Florida, is hereby repealed,' effective October 1, 1977. See also the title of Ch. 77-19 , providing, `repealing s. 741.06.' While the Legislature made subsequent amendments to ss. 741.04 and 741.06 these later acts do not indicate any repeal of s....
...For example, ss. 64 and 65, Ch. 77-121 , respectively, merely revise the language of these sections to conform them to Ch. 73-21 which removed the disabilities of nonage for all persons of 18 years of age or older; s. 1, Ch. 77-139 , Laws of Florida, amends s. 741.04 to prohibit the issuance of a marriage license unless one party is a male and the other party is a female, and limits marriage application posting requirements to counties under 75,000 residents....
...2 (the courts have jurisdiction over marriage and its incidents only to the extent such jurisdiction has been conferred by the Legislature by statute). The Florida Legislature has delegated some of its power to the county court judges in the area of domestic relations. Specifically, s. 741.04 , F....
...as hereinabove provided,' there is no longer any statutory provision which prohibits the issuance of a marriage license to a person under the age of 18 years who has obtained the properly acknowledged written consent of his parents or guardian. See s. 741.04 , F....
...See the last sentence of s. 741.06 which placed a minimum age of 16 years for females and 18 years for males below which a license could not be issued with or without the parents' or guardian's consent, unless the minor was a parent or an expectant parent of a child. Section 741.04 , F....
CopyAgo (Fla. Att'y Gen. 1988).
Published | Florida Attorney General Reports
...en, where both parents share parental responsibility of the minor and where the parent to whom primary residence of the minor has been given, has not been granted ultimate responsibility over this specific aspect of the child's welfare by the court. Section 741.0405 (1), F.S., provides in pertinent part: If either of the parties shall be under the age of 18 years but at least 16 years of age, the county court judge or clerk of the circuit court shall issue a license for the marriage of such part...
...61.13 , F.S., however, the courts have held that the statute "contemplates that joint decisions regarding a child shall continue to be made after a dissolution by both parents, without regard to whom the primary physical residence has been given." 9 In light of these changes in the law, I can no longer conclude that s. 741.0405 (1), F.S., must be interpreted in such a way as to require only the consent of the parent to whom primary physical residence of the child has been granted....
...child has been given has not been granted ultimate responsibility over this aspect of the child's welfare by the court, I am of the opinion, until legislative or judicially clarified, that the written consent of both parents is required pursuant to s. 741.0405 , F.S....
...rent having custody and control of the minor before a marriage license could be issued to such a minor"). 2 1945-1946 Biennial Report of the Attorney General 723. 3 See, 1945-1946 Biennial Report of the Attorney General 723, AGO 46-239, stating that s. 741.04 , F.S....
...1941, requiring the written consent of the parents, was derived from the Compiled General Laws 1927, ss. 5848 and 5850. Section 5848 required the consent of the parent while s. 5850 required the consent of the parents. "The compilers of the Florida Statutes, 1941, combined the said Sections 5848 and 5850 into one section, 741.04 , and retained the requirement of the written consent `of the parents.'" Chapter 78-266, Laws of Florida, deleted the provision in s. 741.04 , F.S., pertaining to the marriage of minors and created s. 741.0405 , F.S....
