741.08

Marriage not to be solemnized without a license.

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741.08 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 license, and shall transmit the same to the office of the county court judge or clerk of the circuit court from which it issued.

History.—ss. 2, 3, Nov. 2, 1829; s. 1, ch. 3890, 1889; RS 2057; GS 2576; RGS 3935; CGL 5854; s. 28, ch. 73-334; s. 1, ch. 74-372; s. 1059, ch. 97-102.

Notes of Decisions

Cited in 4 cases (2 in the last 5 years), 1979–2023 · leading case: Hall v. MAAL

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Hall v. MAAL (2010) fladistctapp · cites it 18× “See § 741.08, Fla. Stat. (2002). The county court judge and the clerk of the circuit court are required to keep a correct record of all licenses issued and of the licenses returned as certified by the officiant.”

Bernstein v. Benchemoun (2023) nyappdiv “Since 1967, Florida has required a marriage license for a marriage to be valid, and a person solemnizing a marriage must require that the parties to the marriage produce a marriage license ( see Hall v Maal , 32 So 3d 682, 684-686 [Fla Dist Ct App]; Fla Stat §§ 741.08, 741.09,…”

Metropolitan Dade County v. Shelton (1979) fladistctapp · cites it 2× “Appellee relies upon Section 741.08, Florida Statutes (1974), which provides as follows: 741.”

Roberts v. Opalich (2023) ohioctapp “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 clerk of the circuit court from which it issued.”

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