How to Perform a Marriage Ceremony in Florida

Tuesday, March 01, 2022 by the American Association of Notaries

Solemnizing marriage is one of the honors of a notary public in Florida, as well as in South Carolina, Maine, and Nevada (if the notary is specially licensed by the county clerk). The solemnization of a marriage is the formal ceremony which unites a couple in legal marriage. The ceremony isn't just for show - without a ceremony, there has been no marriage.

Florida notaries can only solemnize a marriage (perform a wedding ceremony) within the legal boundaries of the state of Florida (which generally includes three miles off the coast). Notaries from other states may not perform marriage ceremonies in Florida, and Florida notaries cannot perform marriage ceremonies in other states.

Marriage Ceremony Requirements

Before a Florida notary public may solemnize any marriage, he or she must require the parties to produce a marriage license issued in accordance with Florida law. Two persons who wish to enter into a marriage in Florida are required to obtain a Florida marriage license, issued by a county court judge or clerk of circuit court, under his or her hand and seal. The parties must first submit to the clerk of circuit court (or county court judge) an application, including an affidavit setting forth their ages and Social Security numbers. Non-citizens may provide an alien registration number or other form of identification. The parties must also file a written statement stating whether they completed a premarital preparation course and verifying that they have read or otherwise accessed the family law handbook published by the Florida Bar. If there appears to be no impediment to the marriage, the clerk (or judge) will issue a marriage license. No marriage ceremony may be performed in Florida without a valid marriage license.

Marriage License Effective and Expiration dates

A Florida marriage license does not become effective until three days after its issuance (although this three-day waiting period is waived for out-of-state residents and for couples who submit valid certificates of completion of a premarital preparation course). The marriage license is only valid for a period of sixty days. The effective date and expiration date are clearly stated on the license. In order for the marriage to be valid, the ceremony must be performed on or after the effective date and on or before the expiration date. Once the license expires, no ceremony of marriage can be performed.

Florida marriage licenses are valid statewide. For example, even if the parties obtain their license in Hillsborough County, the marriage can still be solemnized in Pinellas County. However, after the ceremony, the license must be returned to the county where it was issued – regardless of where in Florida the ceremony took place.

Steps for a Florida Notary to Follow

Before performing the wedding ceremony, a Florida notary should take custody of the marriage license and inspect the identification of the parties. The marriage ceremony can be of any form, as long as there is a verbal consent to be joined in wedlock, the vows reflect the couple’s intentions to make a legally binding commitment to each other, and the Florida notary pronounces the couple married at the conclusion of the ceremony. The website of the Executive Office of the Governor provides sample marriage ceremonies, in English and in Spanish, that can be used by notaries public. Visit https://www.flgov.com/marriage_ceremonies/ for more information.

Who can Perform Marriage Ceremonies in Florida

In addition to notaries public, Florida law provides that the following persons may solemnize the rites of matrimonial contract (perform a wedding ceremony): regularly ordained ministers of the gospel and elders in communion with some church and all other ordained clergy; judicial officers of the State of Florida, including retired judicial officers; clerks of the circuit courts of the State of Florida, including deputy clerks; Florida civil-law notaries; and all persons connected with the Society of Friends (Quakers) who have charge of the marriage ceremony according to the rites and ceremonies of that society.

Performing Marriage Ceremony for a Relative

A Florida notary public may perform a marriage ceremony for a relative. The usual prohibition against notarizing the signature of a spouse, son, daughter, mother, or father does not apply because the notary is not notarizing the signatures of the parties but is only certifying that the couple have been joined in marriage by the notary according to the laws of the State of Florida.

Return the Marriage Certificate to the Office that Issued It.

Once the ceremony is completed, a Florida notary must complete the marriage certificate portion of the marriage license and return it to the official who issued it within ten days of the solemnization. The “Certificate of Marriage” portion of the license is the primary concern for the notary. The certificate, which is completed and signed by the person performing the ceremony, reads: “I hereby certify that the above-named spouses were joined by me in marriage in accordance with the laws of the State of Florida.” The notary must legibly enter, in black ink, the date of marriage (in a “month, day, year” format), the city, town or location wherein the marriage was performed, and the officiant’s signature, mailing address, name, and title. There are lines for two witnesses to sign the certificate, but witnesses are not required by Florida law. If witnesses are present, they should sign in black ink. The notary who performs the ceremony should not sign as one of the witnesses.

Until the completed marriage record is filed with the issuing office, there is no official record of the marriage. It is important to note that state law provides that the notary is responsible for mailing or delivering the license; the original license should not be given to the parties to return themselves. The notary should also record the act in his or her official journal or record book.

Although not required, it is customary for the notary to provide a commemorative marriage certificate. Such certificates can be purchased as part of a Notary Wedding Kit, which is available for purchase from the American Association of Notaries. The certificate should state the names of the parties and the date and place of the marriage and should contain the signature of the notary and witnesses. A gold foil seal can be used with an embosser for an elegant presentation.

Fees a Notary in Florida Can Charge

Performing wedding ceremonies is an exciting opportunity for notaries in Florida. A notary public can charge up to $30 for solemnizing a marriage, in addition to any reasonable travel or booking fees agreed to in advance. The notary can also charge for attendance at the rehearsal, providing photography or floral arrangements, and other such services. All costs should be itemized and provided to the couple in the form of a written invoice.

Once the fully executed marriage record has been returned to the issuing office, the couple will usually be mailed a free certified copy of the official marriage record. Additional certified copies can be obtained for a nominal fee. After recording by the issuing office, the original record is transmitted to the Florida Department of Health for permanent filing in the Bureau of Vital Statistics.

Using an ordained minister:

Information thanks to Universal Life Church

https://www.ulc.org/wedding-laws/florida

Florida Marriage Requirements

Min. Age of Couple:

Age 18 or Age 17 With Guardian Consent

Residency:

Not Required

Min. Distance of Kin Allowed:

First Cousins

Marriage Equality:

Yes

To apply for a marriage certificate, individuals must be at least 18 years old. Individuals who are 17 years old may submit an application if it is accompanied by written consent from a parent or legal guardian. Applications made by individuals who are 16 years old or younger and accompanied by the consent of a parent or guardian will be evaluated on a case-by-case basis. If an application is made on behalf of a person who is 16 years old or younger, a court will generally require that the person who he or she wishes to marry be no more than two years older.

Florida is a popular site for destination weddings. One does not need to be a resident of Florida in order to apply for a license to be married in the state.

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How to Get a Florida Marriage License

Who Picks Up License:

The Couple

Where License is Valid:

Any County in Florida

Marriage License Pick-Up:

In Person Only

Cost of License:

Varies by County

Accepted I.D. Types:

Standard Government Issued ID

Proof of Divorce Required (If Applicable):

No

Blood Test Required:

No

Couples must apply for a marriage license in person at a county clerk’s office. They must prove their identities with a valid government-issued photo ID.

Florida imposes a three-day waiting period between the date that a completed application is submitted and the date on which a ceremony may take place. However, Florida residents who can demonstrate that they have completed a premarital preparation course will not be subject to the three-day period and may instead have a ceremony as soon as they obtain the license. Nonresidents who can show that they have attended a premarital counseling course may also request that the waiting period waived.

Fees for a marriage license vary by county. Unlike some other jurisdictions, a couple does not need to take blood tests to apply for a marriage license in the state of Florida. It is not necessary that a person who has previously been married provide any type of evidence that a previous marriage was legally dissolved.

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Applying For a Marriage License in Florida

ULC-Officiated Ceremony Type:

Religious

Mandatory Waiting Period:

3 Days for FL Residents, None for Non-Residents

License Valid For:

60 Days

License Must Be Submitted:

Within 10 Days of Ceremony

A marriage license shall stipulate whether a marriage ceremony is religious or civil. This categorization depends on whether the ceremony is performed by a religious officer or clerk. A marriage performed by a minister ordained by the Universal Life Church shall be categorized as religious even if the ceremony does not have any traditional religious elements.

A marriage license will remain valid for 60 days. The ceremony must be performed within that time; there are no permissible exceptions to this requirement. If a ceremony has not been performed within 60 days, a couple must reapply for a certificate before they may be married. After the ceremony, the license must be returned to the Clerk within 10 days. A license returned more than 10 days after the ceremony will not be accepted.

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How to Become a Wedding Officiant in Florida

Min. Age of Minister:

Age 18

Residency:

Not Required

Document(s) Required:

Varies by County

Online Ordination Recognized:

Yes

Relevant Office of Registration:

County Clerk

Latest Document(s) Submission Date Allowed:

After the Ceremony

Minister I.D. # Issued:

No

Florida law requires that a minister be at least 18 years old to perform a wedding ceremony. Ministers may be a member of any faith, and it does not matter whether the minister resides in the state of Florida. The supporting documentation that a minister must provide is determined by the county in which the marriage certificate is obtained. It is advisable that the minister contact the clerk’s office directly to find out what documentation, if any, must be provided. Typically, it is a good practice for ministers performing ceremonies to have a copy of their ordination credentials on hand.

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Getting Married in Florida

Marriage By Proxy Allowed:

No

Minister Required to be Present:

Yes

Number of Witnesses Required:

None

Min. Age of Witnesses:

N/A

Couple's Consent Required:

Yes

Pronouncement Required:

Yes

Florida law does not mandate that witnesses be present at a ceremony. The couple and the person officiating the ceremony must be present. They must also be physically present to complete and sign the marriage license. Florida does not permit marriage by proxy.

There are only two essential elements of a legal ceremony in Florida. First, the couple must make a clear verbal consent to enter into marriage. Second, the person officiating the ceremony must formally pronounce that the couple is married. The rest of the ceremony may contain any recitations that the couple wishes to have, and they may make vows in any form that they choose. A minister should review the basic elements of a ceremony with a couple and ask them if they would like to have any substitutions or additions.

Finalizing the Union

Officiant's Title on Marriage License:

Minister

Church/Ordaining Body:

Universal Life Church Ministries

Address of Church:

Minister's Home Address

A minister or other officiant performing a ceremony must fill out his or her portion of the marriage certificate completely and accurately. It is essential that the license be completed without mistakes; an error or omission may require that a new license be issued. Also, a license must be returned within 10 days of the date of the wedding ceremony or it shall be null.

The section of the marriage certificate that the minister or officiant completes shall include his or her name, which shall be his or her full legal name without any title. There is a separate field where a person will write his or her title. If the officiant is a minister, then he or she should write “minister.” If there is a field to write the address of a church and the minister does not perform services at a church, then he or she should write his or her home address.

Good record keeping is important for all ministers who have performed a ceremony. It is a advisable for them to keep a copy of any document that they have completed, which would include important information such as the names of the people being wed and the date of the wedding.