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Florida Statute Summary

Florida Statute 741.01 outlines the process and fees for marriage licenses:

Florida Statute Summary

Florida Statute 741.01 outlines the process and fees for marriage licenses:

• Issuance: Licenses issued by county court judges or clerks of the circuit court.
• Application Requirements: Couples must declare any mutual children born in Florida.
• StandardFee: $2 for application processing, plus an additional $25 towards the Domestic Violence Trust Fund.
• Additional State Fee: An extra $25 for the State Courts Revenue Trust Fund.
• Discount for Premarital Course: A $25 discount for couples who complete a qualified premarital preparation course.

Florida Statute 741.0305 outlines a marriage license fee reduction for couples completing a premarital preparation course:

• Course Completion: Couples must complete a minimum 4-hour course, providing a completion certificate when applying for a marriage license.
• Course Content: Topics include conflict management, communication, financial responsibilities, parenting, and marital counseling insights.
• Qualified Instructors: Instructors range from licensed psychologists to religious institution representatives.
• Course Cost: Paid by the applicants.
• Certification and Registration: Course providers must register with the circuit court, providing qualifications and compliance with course requirements.

The Family Law Handbook as per Florida Statute 741.0306 includes:

• Creation and Review: Developed by The Florida Bar’s Family Law Section and reviewed by the Family Court Steering Committee.
• Availability: Distributed by circuit court clerks and offered in various electronic formats.
• Contents: Covers prenuptial agreements, parenting plans, relocation, child support, property rights, alimony, domestic violence, dissolution procedures, parent education, community resources, and women’s rights.
• Annual Update: The handbook’s content is reviewed and updated every year.

Summary of Florida Statute 741.04 on Marriage License Issuance:

• Age Requirements: Licenses are not issued to those under 18, except 17-year-olds with parental consent and a partner within 2 years of age.
• Affidavit Requirement: Parties must submit an affidavit with social security numbers and ages.
• Identification for Non-Citizens: Non-U.S. citizens may provide a social security number, alien registration number, or other identification.
• Premarital Preparation Course: Couples must indicate whether they’ve completed a premarital course and read the marriage rights and responsibilities handbook.
• Marriage License Delay: A 3-day delay is applied if no premarital course is completed, with exceptions for non-Florida residents and hardship cases.

Florida Statutes 741.041, 741.07, 741.08, 741.09, 741.10, and 741.212 cover marriage record-keeping and recognition:

• License Validity (741.041): Marriage licenses are valid for 60 days after issuance, with the expiration date stated on the license.
• Authorized Officiants (741.07): Regularly ordained ministers, elders, clergy, judicial officers, clerks of circuit courts, and notaries in Florida can solemnize marriage. This includes members of the Quaker or Friends societies performing marriages according to their rites.
• License Requirement for Solemnization (741.08): Before solemnizing a marriage, the officiant must ensure the couple has a valid marriage license. The officiant must certify the marriage on the license and return it to the issuing office within 10 days.
• Record of Marriage (741.09): Judges and clerks must record marriage licenses, officiant names, and marriage dates.
• Proof of Marriage (741.10): If a marriage certificate is unavailable, the marriage can be proved by affidavits from witnesses.
• Same-Sex Marriage Recognition (741.212): Before being invalidated by federal law, this statute stated that Florida did not recognize same-sex marriages for any purpose and defined marriage as a union between one man and one woman. However, this is no longer enforceable due to subsequent U.S. Supreme Court rulings.