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Florida Statute 741.21 - Full Text and Legal Analysis Florida Statute 741.21 | Lawyer Caselaw & Research
Fla. Stat. § 741.21 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
741.21 Incestuous marriages prohibited.A man may not marry any woman to whom he is related by lineal consanguinity, nor his sister, nor his aunt, nor his niece. A woman may not marry any man to whom she is related by lineal consanguinity, nor her brother, nor her uncle, nor her nephew.
History.RS 2602; GS 3525; RGS 5415; CGL 7558.

Cases Citing F.S. 741.21

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·Beam v. State, 1 So. 3d 331 (Fla. 5th DCA 2009).

Cited 5 times | Published | Florida 5th District Court of Appeal | 2009 Fla. App. LEXIS 1879, 2009 WL 151096

...ch marriage was prohibited. See, e.g., S.D. Codified Laws § 22-22A-2 (2008) (defining incest as being between persons related "within degrees of consanguinity within which marriages are, by the laws of this state, declared void. . . ."). Therefore, section 741.21, Florida's current statute defining and prohibiting incestuous marriage, is relevant to our interpretation of section 826.04. Section 741.21, Florida Statutes (2006), provides: "A man may not marry any woman to whom he is related by lineal consanguinity, nor his sister, nor his aunt, nor his niece. A woman may not marry any man to whom she is related by lineal consanguinity, nor her brother, nor her uncle, nor her nephew." From the plain language of sections 741.21 and 826.04, it is clear that the legal definition of incest is limited to persons who are related either by lineal consanguinity or collateral consanguinity....
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Cited as authority(citing case) (2017)
phrase: "rule_authority"
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·Glenda Martinez Smith v. J. Alan Smith, 224 So. 3d 740 (Fla. 2017).

Cited 2 times | Published | Supreme Court of Florida | 42 Fla. L. Weekly Supp. 773, 2017 Fla. LEXIS 1759, 2017 WL 3774702

...The disputed provision does not use the terms “void” or “voidable,” nor does it use language that embodies the traditional definitions of these terms. Other statutes clearly identify circumstances that render a marriage void; however, such language was not used in section 744.3215(2)(a). For example, section 741.211, Florida Statutes (2016), is titled “Common-law marriages void,” and provides “[n]o common-law marriage ... shall be valid.” (Emphasis added.) Similarly, section 741.21, Florida Statutes (2016), is titled “Incestuous marriages prohibited,” and provides that a man or woman “may not” marry certain relatives....
...ardian in the event that person is declared incapacitated. See § 744.3045(1), Fla. Stat. (2016). . The hearing was related to a petition to move Alan to another assisted living facility. . Bigamous and incestuous marriages are also considered void. § 741.21, Fla....
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Cited as authority(citing case) (2025)
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Cited as authority(citing case) (2025)
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Cited as authorityWoodward (2025)
phrase: "rule_authority"
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·Glenda Martinez Smith v. J. Alan Smith, 199 So. 3d 911 (Fla. 4th DCA 2016).

Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 3130, 2016 WL 803625

incestuous marriage is absolutely prohibited. See § 741.21, Fla. Stat. (2013). On the other hand, a marriage
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Cited as authority(citing case) (2017)
phrase: "rule_authority"

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