of the Circuit Court. Exceptions to the delayed effective date must be granted to non-
Florida residents seeking a marriage license from the state and for individuals asserting
hardship who have been granted a waiver by a county court judge.
Q: What is the county/state fee for obtaining a marriage license?
A: Florida law specifies that the marriage license fee is $88.50. For all couples who
complete the premarital preparation course, there is a reduction of $32.50, making the
marriage license cost $56.00 for these couples.
Q: Occasionally, when I am scheduled to perform a marriage ceremony, the bride and
groom forget to bring their marriage license with them to the ceremony. What should I do
in this instance?
A: The law states that the official "shall require of the parties a marriage license" before
the solemnization of the marriage. That means that you should take possession of the
marriage license before you perform the ceremony. Remember, you must also complete
your portion and return the Marriage Record to the county for recording. If the couple
forgets their marriage license or has not yet obtained a license, you may not solemnize
the marriage.
Q: Is a Florida Notary Public authorized to perform a marriage ceremony outside the
state, or may a Notary from another state perform a marriage ceremony in Florida?
A: No. Florida is one of only three states (the other two are South Carolina and Maine)
which authorize their Notaries Public to "solemnize the rites of matrimony." A Florida
Notary may perform a marriage ceremony providing the couple first obtain a marriage
license from an authorized Florida official and may only perform a ceremony within the
geographical boundaries of Florida. Thus, a Florida Notary may not perform a marriage
ceremony in another state. Additionally, a Notary from another state, including South
Carolina and Maine, may not perform a marriage ceremony in Florida. And, a Florida
notary may not marry a couple who has obtained a marriage license from another state.
Q: May a Notary Public solemnize the marriage of two individuals when one party is not
physically present, but participates in the ceremony via telephone or video transmission,
or when one of the parties is not present and another individual represents that person in
the ceremony, i.e., "marriage by proxy"?
A: No. Florida law does not allow marriage by proxy. Both parties must be physically
present before the Notary Public for the solemnization of the marriage. The Notary
should properly identify both parties prior to the ceremony.
Q: May I perform the marriage ceremony for a member of my family, specifically my
daughter?
A: Yes. You may perform a marriage ceremony for a person who is related by blood or
marriage. The prohibition against notarizing the signature of a spouse, son, daughter,
mother, or father does not apply because you are not notarizing the signature of the bride
and groom. You are only certifying that the couple have been joined in marriage
according to the laws of the State of Florida. See Attorney General Opinion, 91-70 (1991)
below.