Florida Statute 741.405 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 741
MARRIAGE; DOMESTIC VIOLENCE

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F.S. 741.405

741.405 Agency use of designated address.—

(1) A program participant may request that state and local agencies or other governmental entities use the address designated by the Attorney General as his or her address. When creating a new public record, state and local agencies or other governmental entities shall accept the address designated by the Attorney General as a program participant’s substitute address, unless the Attorney General has determined that:

(a) The agency or entity has a bona fide statutory or administrative requirement for the use of the address that would otherwise be confidential under ss. 741.401-741.409;

(b) This address will be used only for those statutory and administrative purposes;

(d) The agency or entity has identified the individuals who will have access to the record; and

(e) The agency or entity has explained how its acceptance of a substitute address will prevent the agency from meeting its obligations under the law and why it cannot meet its statutory or administrative obligation by a change in its internal procedures.

(2) During the review, evaluation, and appeal of an agency’s request, the agency shall accept the use of a program participant’s substitute address.

(3) The Attorney General’s determination to grant or withhold a requested waiver must be based on, but not limited to, an evaluation of information provided under subsection (1).

(4) If the Attorney General determines that an agency or entity has a bona fide statutory or administrative need for the actual address and that the information will be used only for that purpose, the Attorney General may issue the actual address to the agency or entity. When granting a waiver, the Attorney General shall notify and require the agency or entity to:

(a) Maintain the confidentiality of a program participant’s address information;

(b) Limit the use of and access to that address;

(c) Designate an address disposition date after which the agency or entity may no longer maintain the record of the address; and

(d) Comply with any other provisions and qualifications determined appropriate by the Attorney General.

(5) The Attorney General’s denial of an agency’s or entity’s waiver request must be made in writing and include a statement of specific reasons for denial. Acceptance or denial of an agency’s or entity’s waiver request shall constitute final agency action.

(6) Pursuant to chapter 120, an agency or entity may appeal the denial of its request.

(7) A program participant may use the address designated by the Attorney General as his or her work address.

(8) The Office of the Attorney General shall forward all first-class mail to the appropriate program participants at no charge.

History.—s. 5, ch. 98-404.

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F.S. 741.405 on Casetext

Amendments to 741.405

Arrestable Offenses / Crimes under Fla. Stat. 741.405

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 741.405.

Annotations, Discussions, Cases:

Cases Citing Statute 741.405

Total Results: 8

Lowe v. Broward County

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

Citation: 766 So. 2d 1199

Snippet: age for persons 18 years of age or older) and § 741.0405, Fla. Stat. (1999) (detailing when a marriage

Brennan v. State

Court: Fla. | Date Filed: 1999-07-08T00:53:00-07:00

Citation: 754 So. 2d 1

Snippet: consent a seventeen-year-old may not marry, § 741.0405, Fla. Stat. (1987), and without either parental

Ago

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

Snippet: over the age of 18 years, except as provided in s.741.0405; and unless one party is a male and the other

Ago

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

Snippet: the age of 18 years, except as provided in s. 741.0405; and unless one party is a male and the other …generally, 55 C.J.S. Marriage s. 25a. 3 Section 741.0405, F.S., authorizes the issuance of a marriage license

Dillon v. Robb

Court: Fla. Dist. Ct. App. | Date Filed: 1992-04-17T00:00:00-07:00

Citation: 597 So. 2d 891, 1992 Fla. App. LEXIS 4281, 1992 WL 75651

Snippet: consent would have been invalid under section 741.0405(4), Florida Statutes (1991) in any event), she

Ago

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

Snippet: safety, or property.' QUESTION ONE Section 741.0405(1), F.S., provides in part that: If either…consent of both parents is required pursuant to s. 741.0405, F.S.' Possibly in response to AGO 88

LeCroy v. State

Court: Fla. | Date Filed: 1988-10-20T00:53:00-07:00

Citation: 533 So. 2d 750

Snippet: consent a seventeen-year-old may not marry, § 741.0405, Fla. Stat. (1987), and without either parental

Ago

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

Snippet: the child's welfare by the court. Section 741.0405(1), F.S., provides in pertinent part: If …changes in the law, I can no longer conclude that s. 741.0405(1), F.S., must be interpreted in such a way as…consent of both parents is required pursuant to s. 741.0405, F.S. You specifically ask whether the consent…pertaining to the marriage of minors and created s. 741.0405, F.S. 4 See, s. 1, Ch. 82-96, Laws of Florida,