Florida SB 1316: Florida Uniform Fiduciary Income and Principal Act

Bill Text

1316 
Injunctions for Protection Against Marriage Fraud 
2026-01-07T06:40:08Z 
Defining the term “marriage fraud”; creating a cause of action for an injunction for protection in cases of marriage fraud; authorizing a person who is the victim of marriage fraud to file a petition for such an injunction, regardless of any other available or pending petition, complaint, or cause of action; prohibiting the clerk of the court from charging a filing fee for such petitions; requiring a court to set a hearing upon the filing of such petition, etc. 
Original Filed Version 
2026 
S 
2026-10-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 1316 

 By Senator Yarborough 

 4-01137A-26 20261316__ 
 1 A bill to be entitled 
 2 An act relating to injunctions for protection against 
 3 marriage fraud; creating s. 908.14, F.S.; defining the 
 4 term “marriage fraud”; creating a cause of action for 
 5 an injunction for protection in cases of marriage 
 6 fraud; authorizing a person who is the victim of 
 7 marriage fraud to file a petition for such an 
 8 injunction, regardless of any other available or 
 9 pending petition, complaint, or cause of action; 
 10 specifying that the petitioner does not require 
 11 representation by an attorney; requiring the clerk of 
 12 the court to provide certain information, forms, and 
 13 assistance to certain persons; prohibiting the clerk 
 14 of the court from charging a filing fee for such 
 15 petitions; authorizing the clerk of the court to 
 16 submit quarterly requests for certain reimbursement to 
 17 the Justice Administrative Commission; requiring the 
 18 clerk of the court to pay from such reimbursements 
 19 certain law enforcement agency fees, up to a specified 
 20 amount; prohibiting the court from requiring a bond; 
 21 requiring the clerk of the court to provide a 
 22 petitioner with a certified copy of such an 
 23 injunction; providing requirements for a verified 
 24 petition for such an injunction; providing the 
 25 required form of such petition; requiring a court to 
 26 set a hearing upon the filing of such petition; 
 27 requiring that the respondent be personally served 
 28 with certain documents before the hearing; authorizing 
 29 the court to grant a temporary injunction and grant 
 30 certain relief under certain circumstances; limiting 
 31 the evidence that may be used in certain ex parte 
 32 hearings; providing an exception; limiting the 
 33 duration of such temporary injunctions; authorizing 
 34 the court to grant a continuance of a temporary 
 35 injunction and the full hearing under certain 
 36 circumstances; authorizing the court to grant certain 
 37 relief, including an injunction, upon notice and a 
 38 hearing; requiring that temporary and final judgments 
 39 on such injunctions indicate certain information; 
 40 requiring the clerk of the court to electronically 
 41 transmit copies of such injunctions to specified 
 42 persons within a certain period after issuance; 
 43 providing requirements for service of such injunctions 
 44 upon respondents; providing that a chief judge may 
 45 authorize a law enforcement agency to effect certain 
 46 service and receive a portion of the service fee; 
 47 prohibiting a person from serving or executing such 
 48 injunctions unless the person is a law enforcement 
 49 officer; authorizing the court to order an officer to 
 50 accompany a petitioner and assist in the execution of 
 51 service of such an injunction under certain 
 52 circumstances; requiring the clerk of the court to 
 53 electronically transmit a copy of such an injunction 
 54 to a certain sheriff within a specified timeframe 
 55 after the court issues, changes, or vacates the 
 56 injunction; requiring a sheriff or other law 
 57 enforcement officer who receives such an injunction or 
 58 who makes service upon a respondent to make certain 
 59 information available to other law enforcement 
 60 agencies in a specified manner within a certain 
 61 timeframe; requiring the Florida Association of Court 
 62 Clerks and Comptrollers to develop a certain automated 
 63 process, subject to available funding; providing 
 64 requirements for automated notice; authorizing the 
 65 Florida Association of Court Clerks and Comptrollers 
 66 to apply for grants for a specified purpose; requiring 
 67 the clerk of the court to notify a certain sheriff or 
 68 law enforcement agency of certain action by the court 
 69 within a specified timeframe; authorizing the court to 
 70 enforce violations of such injunctions through civil 
 71 or criminal contempt proceedings; providing for the 
 72 transfer of certain fines and assessments by the clerk 
 73 of the court to the Department of Revenue for deposit 
 74 into the Domestic Violence Trust Fund; requiring that 
 75 a respondent arrested for a violation of such an 
 76 injunction be held in custody until brought before the 
 77 court for a specified purpose; providing immunity fro