Injunctions for Protection Against Marriage Fraud

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 from
78 civil and criminal liability for law enforcement
79 officers and agencies acting in good faith under
80 certain provisions; creating s. 908.141, F.S.;
81 authorizing a petitioner to contact the clerk of the
82 court under certain circumstances; requiring the clerk
83 of the court to assist the petitioner in preparing an
84 affidavit or direct the petitioner to a certain
85 office, under certain circumstances; requiring the
86 clerk of the court or the office assisting the
87 petitioner to immediately forward the affidavit to
88 certain persons; requiring a law enforcement agency to
89 complete its investigation and forward the affidavit
90 along with a certain report to the state attorney
91 within a specified timeframe; requiring the state
92 attorney to make a certain determination within a
93 specified timeframe; authorizing the court to
94 immediately issue an order of appointment of the state
95 attorney under certain circumstances; requiring the
96 court to immediately notify the state attorney that
97 the court is proceeding to enforce the violation
98 through a ruling of criminal contempt under certain
99 circumstances; providing criminal penalties for a
100 willful violation of an injunction; specifying the
101 means by which a person violates such an injunction;
102 providing that a person with two or more prior
103 convictions for violation of an injunction or foreign
104 protection order against the same victim who commits a
105 subsequent violation against the same victim commits a
106 third degree felony; defining the term “conviction”;
107 providing an effective date.
108
109 Be It Enacted by the Legislature of the State of Florida:
110
111 Section 1. Section 908.14, Florida Statutes, is created to
112 read:
113
908.14

Marriage fraud
.—

114
(1) As used in this section, the term “marriage fraud”

115
means knowingly entering into a marriage for the purpose of

116
evading immigration laws and engaging in acts of violence,

117
manipulation, abuse, coercion, or emotional or financial harm,

118
when the perpetrator is a person who is not a citizen of the

119
United States.

120
(2) There is created a cause of action for an injunction

121
for protection in cases of marriage fraud.

122
(a) A person who is the victim of marriage fraud has

123
standing in the circuit court to file a verified petition for an

124
injunction for protection against marriage fraud on his or her

125
own behalf, regardless of whether criminal charges based on the

126
marriage fraud have been filed, reduced, or dismissed.

127
(b) This cause of action for an injunction may be sought

128
regardless of whether any other petition, complaint, or cause of

129
action is currently available or pending between the parties.

130
(c) This cause of action for an injunction does not require

131
that the petitioner be represented by an attorney.

132
(3)(a) The clerk of the court shall provide a copy of this

133
section, simplified forms, and clerical assistance for the

134
preparation and filing of a petition for an injunction for

135
protection against marriage fraud by any person who is not

136
represented by an attorney.

137
(b) Notwithstanding any other law, the clerk of the court

138
may not charge a fee for filing a petition for an injunction for

139
protection against marriage fraud. However, subject to

140
legislative appropriation, the clerk of the court may, each

141
quarter, submit to the Justice Administrative Commission a

142
certified request for reimbursement for petitions for such

143
injunctions issued by the court under this section, at the rate

144
of $40 per petition. The request for reimbursement must be

145
submitted in the form and manner prescribed by the Justice

146
Administrative Commission. From this reimbursement, the clerk of

147
the court shall pay any law enforcement agency serving the

148
injunction the fee requested by the law enforcement agency;

149
however, this fee may not exceed $20.

150
(c) A bond may not be required by the court for the entry

151
of an injunction.

152
(d) The clerk of the court shall provide the petitioner

153
with a certified copy of any injunction for protection against

154
marriage fraud entered by the court.

155
(4)(a) The verified petition must allege an incident of

156
marriage fraud and must include the specific facts and

157
circumstances that form the basis upon which relief is sought.

158
(b) The verified petition must be in substantially the

159
following form:

160
161
PETITION FOR INJUNCTION FOR PROTECTION

162
AGAINST MARRIAGE FRAUD

163
164
The undersigned petitioner ...(name)... declares under

165
penalties of perjury that the following statements are true:

166
167
1. Petitioner resides at ...(address)...

168
2. Respondent resides at ...(address)...

169
3. Petitioner is the victim of marriage fraud as

170
demonstrated by the fact that respondent is not a citizen of the

171
United States and has: ...(list the specific behavior or conduct

172
that leads the petitioner to have reasonable cause to believe

173
that the respondent committed marriage fraud)...

174
4. Petitioner seeks: an immediate injunction against the

175
respondent, enjoining him or her from committing any further

176
acts of violence, manipulation, abuse, coercion, or emotional or

177
financial harm; and an injunction providing any terms the court

178
deems necessary for the protection of the petitioner and the

179
petitioner’s immediate family, including any injunctions or

180
directives to law enforcement agencies.

181
182
(c) Every petition for an injunction against marriage fraud

183
must contain, directly above the signature line, a statement in

184
all capital letters and bold type not smaller than the

185
surrounding text, as follows:

186
187
UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE

188
FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT ARE TRUE. I

189
UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING

190
MADE UNDER PENALTIES OF PERJURY, PUNISHABLE AS PROVIDED IN

191
SECTION 92.525, FLORIDA STATUTES.

192
193
...(initials)...

194
195
(5) Upon the filing of the petition, the court shall set a

196
hearing to be held at the earliest possible time. The respondent

197
shall be personally served with a copy of the petition, notice

198
of hearing, and temporary injunction, if any, before the

199
hearing.

200
(6)(a) If it appears to the court that an immediate and

201
present danger of violence exists, the court may grant a

202
temporary injunction, which may be granted in an ex parte

203
hearing pending a full hearing, and may grant such relief as the

204
court deems proper, including an injunction enjoining the

205
respondent from committing any acts of violence.

206
(b) Except as provided in s. 90.204, in a hearing ex parte

207
for the purpose of obtaining such temporary injunction, only

208
verified pleadings or affidavits may be used as evidence, unless

209
the respondent appears at the hearing or has received reasonable

210
notice of the hearing.

211
(c) Any such ex parte temporary injunction shall be

212
effective for a fixed period not to exceed 15 days. A full

213
hearing must be set for a date no later than the date on which

214
the temporary injunction ceases to be effective. The court may

215
grant a continuance of the ex parte temporary injunction and the

216
full hearing before or during a hearing for good cause shown by

217
any party.

218
(7)(a) Upon notice and hearing, the court may grant such

219
relief as the court deems proper, including an injunction:

220
1. Enjoining the respondent from committing any acts of

221
violence, manipulation, abuse, coercion, or emotional or

222
financial harm.

223
2. Ordering such other relief as the court deems necessary

224
for the protection of the petitioner, including injunctions or

225
directives to law enforcement agencies, as provided in this

226
section.

227
(b) The terms of the injunction remain in full force and

228
effect until modified or dissolved. Either party may move at any

229
time to modify or dissolve the injunction. Such relief may be

230
granted in addition to other civil or criminal remedies.

231
(c) A temporary or final judgment on injunction for

232
protection against marriage fraud entered pursuant to this

233
section must, on its face, indicate all of the following:

234
1. That the injunction is valid and enforceable in all

235
counties of the State of Florida.

236
2. That law enforcement officers may make a warrantless

237
arrest to enforce the terms of the injunction.

238
3. That the court had jurisdiction over the parties and

239
matter under the laws of Florida and reasonable notice and

240
opportunity to be heard was given to the person against whom the

241
order is sought sufficient to protect that person’s right to due

242
process.

243
4. The date that the respondent was served with the

244
temporary or final order, if obtainable.

245
(8)(a)1. Within 24 hours after the court issues an

246
injunction for protection against marriage fraud, the clerk of

247
the court shall electronically transmit a copy of the petition,

248
notice of hearing, and temporary injunction, if any, to the

249
sheriff or a law enforcement agency of the county where the

250
respondent resides or can be found, who shall serve it upon the

251
respondent as soon thereafter as possible on any day of the week

252
and at any time of the day or night. An electronic copy of an

253
injunction must be certified by the clerk of the court, and the

254
electronic copy must be served in the same manner as a certified

255
copy. Upon receiving an electronic copy of the injunction, the

256
sheriff must verify receipt with the sender before attempting to

257
serve it upon the respondent. In addition, if the sheriff is in

258
possession of an injunction for protection that has been

259
certified by the clerk of the court, the sheriff may

260
electronically transmit a copy of that injunction to a law

261
enforcement officer who shall serve it in the same manner as a

262
certified copy. The clerk of the court is responsible for

263
furnishing to the sheriff such information on the respondent’s

264
physical description and location as is required by the

265
Department of Law Enforcement to comply with the verification

266
procedures set forth in this section. Notwithstanding any other

267
law to the contrary, the chief judge of each circuit, in

268
consultation with the appropriate sheriff, may authorize a law

269
enforcement agency within the chief judge’s jurisdiction to

270
effect this type of service and to receive a portion of the

271
service fee. A person may not serve or execute an injunction

272
issued under this section unless the person is a law enforcement

273
officer as defined in chapter 943.

274
2. When an injunction is issued, if the petitioner requests

275
the assistance of a law enforcement agency, the court may order

276
that an officer from the appropriate law enforcement agency

277
accompany the petitioner and assist in the execution or service

278
of the injunction. A law enforcement officer must accept a copy

279
of an injunction for protection against marriage fraud,

280
certified by the clerk of the court, from the petitioner and

281
immediately serve it upon a respondent who has been located but

282
not yet served.

283
(b)1. Within 24 hours after the court issues, changes, or

284
vacates an injunction for protection against marriage fraud, the

285
clerk of the court must electronically transmit a copy of the

286
injunction to the sheriff with jurisdiction over the residence

287
of the petitioner.

288
2. Within 24 hours after the court issues an injunction for

289
protection against marriage fraud, the clerk of the court must

290
electronically transmit a copy of the injunction to the State

291
Board of Immigration Enforcement, which must coordinate with

292
local law enforcement agencies and the Federal Government for

293
the purpose of enforcing state and federal immigration laws as

294
appropriate.

295
3. Within 24 hours after service of process of an

296
injunction for protection against marriage fraud upon a

297
respondent, the law enforcement officer must electronically

298
transmit the written proof of service of process to the sheriff

299
with jurisdiction over the residence of the petitioner.

300
4. Within 24 hours after the sheriff receives a certified

301
copy of the injunction for protection against marriage fraud,

302
the sheriff must make information relating to the injunction

303
available to other law enforcement agencies by electronically

304
transmitting such information to the Department of Law

305
Enforcement.

306
5. Within 24 hours after the sheriff or other law

307
enforcement officer has made service upon the respondent and the

308
sheriff has been so notified, the sheriff must make information

309
relating to the service available to other law enforcement

310
agencies by electronically transmitting such information to the

311
Department of Law Enforcement.

312
6. Subject to available funding, the Florida Association of

313
Court Clerks and Comptrollers shall develop an automated process

314
by which a petitioner may request notification of service of the

315
injunction for protection against marriage fraud and other court

316
actions related to the injunction. The automated notice must be

317
made within 12 hours after the sheriff or other law enforcement

318
officer serves the injunction upon the respondent. The

319
notification must include, at a minimum, the date, time, and

320
location where the injunction was served. The Florida

321
Association of Court Clerks and Comptrollers may apply for any

322
available grants to fund the development of the automated

323
process.

324
7. Within 24 hours after an injunction for protection

325
against marriage fraud is vacated, terminated, or otherwise

326
rendered no longer effective by ruling of the court, the clerk

327
of the court must notify the sheriff or local law enforcement

328
agency that received original notification of the injunction as

329
provided in subparagraph (a)1. Such sheriff or agency shall,

330
within 24 hours after receiving such notification from the clerk

331
of the court, notify the Department of Law Enforcement of the

332
action of the court.

333
(9)(a) The court may enforce a violation of an injunction

334
for protection against marriage fraud through a civil or

335
criminal contempt proceeding, and the state attorney may

336
prosecute it as a criminal violation under s. 908.141. Any fine

337
or assessment ordered by the court enforcing such injunction

338
shall be collected by the clerk of the court and transferred on

339
a monthly basis to the Department of Revenue for deposit into

340
the Domestic Violence Trust Fund.

341
(b) If the respondent is arrested by a law enforcement

342
officer for a violation of an injunction for protection against

343
marriage fraud, the respondent shall be held in custody until

344
brought before the court as expeditiously as possible for the

345
purpose of enforcing the injunction and for admittance to bail

346
in accordance with chapter 903 and the applicable rules of

347
criminal procedure, pending a hearing.

348
(10) A law enforcement officer acting in good faith under

349
this section and the officer’s employing agency are immune from

350
all liability, civil or criminal, that might otherwise be

351
incurred or imposed by reason of the officer’s or agency’s

352
actions in carrying out the provisions of this section
.

353 Section 2. Section 908.141, Florida Statutes, is created to
354 read:
355
908.14
1

Violation of an injunction
for protection
against

356
m
arriage
f
raud.—

357
(1) In the event of a violation of an injunction for

358
protection against marriage fraud
issued under s. 908.14,
when

359
the person who violated such injunction has not been arrested,

360
the petitioner may contact the clerk of the court of the county

361
in which the violation is alleged to have occurred. The clerk of

362
the court shall assist the petitioner in the preparation of an

363
affidavit in support of the violation or direct the petitioner

364
to the office operated by the court within the circuit which has

365
been designated by the chief judge of the judicial circuit as

366
the central intake point for injunction violations and where the

367
petitioner can receive assistance in the preparation of the

368
affidavit in support of the violation.

369
(2) The affidavit
must
be immediately forwarded by the

370
clerk of the court or the office assisting the petitioner to the

371
state attorney o
f
the circuit and to the court or judge as the

372
chief judge of the circuit determines to be the recipient of

373
affidavits of violation. If the affidavit alleges that a crime

374
has been committed, the clerk of the court or the office

375
assisting the petitioner shall also forward a copy of the

376
affidavit to the appropriate law enforcement agency for

377
investigation. Within 20 days after receipt of the affidavit,

378
the local law enforcement agency shall complete its

379
investigation and forward a report to the state attorney. The

380
state attorney shall determine within 30 business days whether

381
its office will proceed to file criminal charges, prepare a

382
motion for an order to show cause as to why the respondent

383
should not be held in criminal contempt, prepare both as

384
alternative findings, or file notice that the case remains under

385
investigation or is pending subject to another action.

386
(3) If, based on its familiarity with the case, the court

387
has knowledge that the victim of marriage fraud
as defined in s.

388
908.14(1)
is in immediate danger if the court fails to act

389
before the decision of the state attorney to prosecute, it
may

390
immediately issue an order of appointment of the state attorney

391
to file a motion for an order to show cause as to why the

392
respondent should not be held in contempt. If the court does not

393
issue an order of appointment of the state attorney, it shall

394
immediately notify the state attorney that the court is

395
proceeding to enforce the violation through a ruling of criminal

396
contempt.

397
(4) A person who willfully violates an injunction for

398
protection against marriage fraud commits a misdemeanor of the

399
first degree, punishable as provided in s. 775.082 or s.

400
775.083. A person violate
s
such injunction by:

401
(a) Refusing to vacate the dwelling shared with the victim;

402
(b) Going to or being within 500 feet of the victim’s

403
residence;

404
(c) Committing any other violation of the injunction

405
through an intentional unlawful threat, word, or act to do

406
violence to the victim;

407
(d) Telephoning, contacting, or otherwise communicating

408
with
the victim directly or indirectly, unless the injunction

409
specifically allows indirect contact through a third party;

410
(e) Knowingly and intentionally coming within 100 feet of

411
the victim’s motor vehicle, regardless of whether that vehicle

412
is occupied; or

413
(f) Defacing or destroying the victim’s personal property.

414
(5) A person who has two or more prior convictions
for

415
violation
of an injunction or foreign protection order

accorded

416
full faith and credit pursuant to s. 741.315
against the same

417
victim
, and who subsequently commits a violation of any

418
injunction or foreign protection order
accorded full faith and

419
credit pursuant to s. 741.315
against the same victim, commits a

420
felony of the third degree, punishable as provided in s.

421
775.082, s. 775.083, or s. 775.084. For purposes of this

422
subsection, the term “conviction” means a determination of guilt

423
which is the result of a plea or a trial, regardless of whether

424
adjudication is withheld or a plea of nolo contendere is

425
entered.

426 Section 3. This act shall take effect October 1, 2026.