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Florida Statute 741.08 - Full Text and Legal Analysis
Florida Statute 741.08 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 741.08 Case Law from Google Scholar Google Search for Amendments to 741.08

The 2025 Florida Statutes

Title XLIII
DOMESTIC RELATIONS
Chapter 741
MARRIAGE; DOMESTIC VIOLENCE
View Entire Chapter
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.

F.S. 741.08 on Google Scholar

F.S. 741.08 on CourtListener

Amendments to 741.08


Annotations, Discussions, Cases:

Cases Citing Statute 741.08

Total Results: 8  |  Sort by: Relevance  |  Newest First

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Matter Of Munford, Inc., 98 F.3d 604 (11th Cir. 1996).

Cited 39 times | Published | Court of Appeals for the Eleventh Circuit | 36 Collier Bankr. Cas. 2d 1673, 1996 U.S. App. LEXIS 27795

is ... [a] settlement payment, as defined in section 741(8) of this title, made by or to a commodity broker
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Faircloth v. Bouchard (In Re the Int'l Gold Bullion Exch., Inc.), 53 B.R. 660 (Bankr. S.D. Fla. 1985).

Cited 8 times | Published | United States Bankruptcy Court, S.D. Florida. | 42 U.C.C. Rep. Serv. (West) 156, 1985 Bankr. LEXIS 5243

Title, or settlement payment as defined in Section 741(8) of this Title made by or to a commodity broker
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Edelsberg v. Thompson McKinnon Sec. Inc. (In Re Edelsberg), 101 B.R. 386 (Bankr. S.D. Fla. 1989).

Cited 7 times | Published | United States Bankruptcy Court, S.D. Florida. | 1989 Bankr. LEXIS 909

payment" as that term is defined in 11 U.S.C. § 741(8). That is too remote to allow PaineWebber to claim
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Metro. Dade Cnty. v. Shelton, 375 So. 2d 32 (Fla. 4th DCA 1979).

Cited 3 times | Published | Florida 4th District Court of Appeal

...that workmen's compensation benefits would be terminated if there had been a valid marriage. The trial court held the marriage to be void and granted annulment. Neither party has cited any controlling precedent from this State. Appellee relies upon Section 741.08, Florida Statutes (1974), which provides as follows: 741.08 Marriage not to be solemnized without a license....
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Munford v. Valuation Rsch. Corp. (In Re Munford, Inc.), 98 F.3d 604 (11th Cir. 1996).

Cited 2 times | Published | Court of Appeals for the Eleventh Circuit | 201 B.R. 604

is ... [a] settlement payment, as defined in section 741(8) of this title, made by or to a commodity broker
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Hall v. MAAL, 32 So. 3d 682 (Fla. 1st DCA 2010).

Cited 2 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 4142, 2010 WL 1212794

...Marriage may be solemnized by ordained clergy, judges, clerks of court, or notaries public. See § 741.07, Fla. Stat. (2002). After solemnization, the officiant shall certify on the license that the marriage has been performed and deliver it, within 10 days, to the clerk or judge that issued it. See § 741.08, Fla....
...There are also provisions for proving up a marriage when the certificate is not completed on the marriage license, when the certified license is lost or when death or other cause prevents a certificate from being made. See § 741.10, Fla. Stat. (2002). Section 741.08, Florida Statutes (2002), provides: Marriage not to be solemnized without a license.—Before any of the persons named in s....
...However, with regard to incestuous marriages, the statute provides that people in certain familial relationships "may not marry." § 741.211, Fla. Stat. (2002). This language prohibits a marriage from occurring rather than nullifying one that has occurred much like the language of section 741.08, which the dissent finds to be merely regulatory....
...d beyond the motion stage. I next note, in conjunction with Judge Thomas' observations, the statutory scheme concerning marriage licenses. To be sure, the Florida Statutes contain a section entitled "Marriage not to be solemnized without a license." § 741.08, Fla. Stat. (2002). Nevertheless, the text of that statute applies solely to a person authorized by section 741.07, Florida Statutes (2002), to solemnize the marriage. The provisions of subsection 741.08, including the directives to require a marriage license and transmit the license to the clerk's office, seek to control only the behavior of the officiant....
...NOTES [1] The court in Shelton could have, and perhaps should have, reached the same result by holding that the parties were not in fact married on Friday when they had their marriage ceremony, but became married when they signed the license on Monday before a notary and the required witnesses. "Solemnization" under section 741.08 does not require any particular ceremony or the recitation of any particular words but only that the license is executed before the appropriate persons....
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Ago (Fla. Att'y Gen. 1991).

Published | Florida Attorney General Reports

...741.07 (1), F.S., which provides that notaries public of the state, among others, may solemnize the rights of matrimonial contract, under the regulations prescribed by law. 3 See , s. 28.24 (29), F.S., providing that the service charge for the clerk of the circuit court is $20 for solemnizing matrimony. 4 Section 741.08 , F.S....
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Bakst v. Bank Leumi, USA (In re D.I.T., Inc.), 561 B.R. 793 (Bankr. S.D. Fla. 2016).

Published | United States Bankruptcy Court, S.D. Florida. | 26 Fla. L. Weekly Fed. B 143, 2016 Bankr. LEXIS 4436, 63 Bankr. Ct. Dec. (CRR) 135

commonly used in the securities trade.” 11 U.S.C. § 741(8) (emphasis added). Each of the items addressed

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