Florida Statutes
Chapter 741 - Marriage; Domestic Violence
741.04 - Issuance of Marriage License.


(1) A county court judge or clerk of the circuit court may not issue a license to marry to any person younger than 18 years of age, unless:
(a) The person is at least 17 years of age and provides the written consent of his or her parents or legal guardian, which is acknowledged by an officer authorized by law to take acknowledgments and administer oaths; and
(b) The older party to the marriage is not more than 2 years older than the younger party to the marriage.

(2) A county court judge or clerk of the circuit court may not issue a license to marry until the parties to the marriage file with the county court judge or clerk of the court a written and signed affidavit, made and subscribed before a person authorized by law to administer an oath, which provides:
(a) The social security number or any other available identification number for each person.
(b) The respective ages of the parties.

(3) The submission of social security numbers as provided in this section is intended to support the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996. The state has a compelling interest in promoting not only marriage, but also responsible parenting, which may include the payment of child support. Any person who has been issued a social security number shall provide that number in satisfying the requirement in subsection (2). Social security numbers or other identification numbers obtained under this section may be used only for the purposes of administration in Title IV-D child support enforcement cases.
(a) Any person who is not a citizen of the United States may provide either a social security number or an alien registration number issued by the United States Bureau of Citizenship and Immigration Services.
(b) Any person who is not a citizen of the United States and who has not been issued a social security number or an alien registration number is encouraged to provide another form of identification.
This subsection does not prohibit a county court judge or clerk of the circuit court from issuing a marriage license to individuals who are not citizens of the United States if one or both of them are unable to provide a social security number, an alien registration number, or another identification number.

(4) A county court judge or clerk of the circuit court may not issue a license for the marriage of any person unless the county court judge or clerk of the circuit court is first presented with both of the following:
(a) A written statement, signed by both parties, which specifies whether the parties, individually or together, have completed a premarital preparation course.
(b) A written statement that verifies that both parties have obtained and read or otherwise accessed the information contained in the handbook or other electronic media presentation of the rights and responsibilities of parties to a marriage specified in s. 741.0306.

(5) If a couple does not submit to the clerk of the circuit court valid certificates of completion of a premarital preparation course, the clerk shall delay the effective date of the marriage license by 3 days from the date of application, and the effective date must be printed on the marriage license in bold type. If a couple submits valid certificates of completion of a premarital preparation course, the effective date of the marriage license may not be delayed. The clerk shall grant exceptions to the delayed effective date requirement to non-Florida residents and to couples asserting hardship. Marriage license fee waivers are available to all eligible couples. A county court judge issuing a marriage license may waive the delayed effective date requirement for Florida residents who demonstrate good cause.
History.—s. 2, Nov. 2, 1829; s. 2, ch. 3720, 1887; s. 1, ch. 3890, 1889; RS 2055; GS 2574; s. 2, ch. 7828, 1919; RGS 3933; CGL 5850; s. 1, ch. 22643, 1945; s. 1, ch. 28103, 1953; s. 28, ch. 73-334; s. 1, ch. 74-372; s. 1, ch. 77-19; s. 64, ch. 77-121; s. 1, ch. 77-139; s. 1, ch. 78-266; s. 8, ch. 83-230; s. 1057, ch. 97-102; s. 67, ch. 97-170; s. 38, ch. 98-397; s. 8, ch. 98-403; s. 18, ch. 99-375; s. 152, ch. 2004-5; s. 1, ch. 2018-81.

Structure Florida Statutes

Florida Statutes

Title XLIII - Domestic Relations

Chapter 741 - Marriage; Domestic Violence

741.01 - County Court Judge or Clerk of the Circuit Court to Issue Marriage License; Fee.

741.011 - Installment Payments.

741.02 - Additional Fee.

741.03 - County Court Judge or Clerk of the Circuit Court Not to Send Out Marriage License Signed in Blank.

741.0305 - Marriage Fee Reduction for Completion of Premarital Preparation Course.

741.0306 - Creation of a Family Law Handbook.

741.04 - Issuance of Marriage License.

741.041 - Marriage License Application Valid for 60 Days.

741.05 - Penalty for Violation of S. 741.03 or S. 741.04(2).

741.07 - Persons Authorized to Solemnize Matrimony.

741.08 - Marriage Not to Be Solemnized Without a License.

741.09 - Record of License and Certificate.

741.10 - Proof of Marriage Where No Certificate Available.

741.21 - Incestuous Marriages Prohibited.

741.211 - Common-Law Marriages Void.

741.212 - Marriages Between Persons of the Same Sex.

741.23 - Husband Not Liable for Wife’s Torts.

741.235 - Doctrine of Interspousal Tort Immunity Abrogated.

741.24 - Civil Action Against Parents; Willful Destruction or Theft of Property by Minor.

741.28 - Domestic Violence; Definitions.

741.281 - Court to Order Batterers’ Intervention Program Attendance.

741.283 - Minimum Term of Imprisonment for Domestic Violence.

741.29 - Domestic Violence; Investigation of Incidents; Notice to Victims of Legal Rights and Remedies; Reporting.

741.2901 - Domestic Violence Cases; Prosecutors; Legislative Intent; Investigation; Duty of Circuits; First Appearance.

741.2902 - Domestic Violence; Legislative Intent With Respect to Judiciary’s Role.

741.30 - Domestic Violence; Injunction; Powers and Duties of Court and Clerk; Petition; Notice and Hearing; Temporary Injunction; Issuance of Injunction; Statewide Verification System; Enforcement; Public Records Exemption.

741.31 - Violation of an Injunction for Protection Against Domestic Violence.

741.313 - Unlawful Action Against Employees Seeking Protection.

741.315 - Recognition of Foreign Protection Orders.

741.316 - Domestic Violence Fatality Review Teams; Definition; Membership; Duties.

741.3165 - Certain Information Exempt From Disclosure.

741.32 - Batterers’ Intervention Programs.

741.325 - Requirements for Batterers’ Intervention Programs.

741.327 - Certification and Monitoring of Batterers’ Intervention Programs; Rules.

741.401 - Legislative Findings; Purpose.

741.402 - Definitions; Ss. 741.401-741.409.

741.403 - Address Confidentiality Program; Application; Certification.

741.404 - Certification Cancellation.

741.405 - Agency Use of Designated Address.

741.406 - Voting by Program Participant; Use of Designated Address by Supervisor of Elections.

741.408 - Assistance for Program Applicants.

741.409 - Adoption of Rules.

741.465 - Public Records Exemption for the Address Confidentiality Program for Victims of Domestic Violence.

741.4651 - Public Records Exemption; Victims of Stalking or Aggravated Stalking.