THE BILL ITSELF
SB 1316
Injunctions for Protection Against Marriage Fraud
Florida Senate - 2026 SB 1316 By Senator Yarborough 4-01137A-26 20261316__
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A bill to be entitled
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An act relating to injunctions for protection against
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marriage fraud; creating s. 908.14, F.S.; defining the
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term “marriage fraud”; creating a cause of action for
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an injunction for protection in cases of marriage
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fraud; authorizing a person who is the victim of
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marriage fraud to file a petition for such an
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injunction, regardless of any other available or
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pending petition, complaint, or cause of action;
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specifying that the petitioner does not require
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representation by an attorney; requiring the clerk of
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the court to provide certain information, forms, and
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assistance to certain persons; prohibiting the clerk
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of the court from charging a filing fee for such
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petitions; authorizing the clerk of the court to
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submit quarterly requests for certain reimbursement to
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the Justice Administrative Commission; requiring the
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clerk of the court to pay from such reimbursements
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certain law enforcement agency fees, up to a specified
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amount; prohibiting the court from requiring a bond;
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requiring the clerk of the court to provide a
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petitioner with a certified copy of such an
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injunction; providing requirements for a verified
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petition for such an injunction; providing the
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required form of such petition; requiring a court to
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set a hearing upon the filing of such petition;
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requiring that the respondent be personally served
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with certain documents before the hearing; authorizing
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the court to grant a temporary injunction and grant
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certain relief under certain circumstances; limiting
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the evidence that may be used in certain ex parte
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hearings; providing an exception; limiting the
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duration of such temporary injunctions; authorizing
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the court to grant a continuance of a temporary
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injunction and the full hearing under certain
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circumstances; authorizing the court to grant certain
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relief, including an injunction, upon notice and a
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hearing; requiring that temporary and final judgments
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on such injunctions indicate certain information;
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requiring the clerk of the court to electronically
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transmit copies of such injunctions to specified
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persons within a certain period after issuance;
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providing requirements for service of such injunctions
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upon respondents; providing that a chief judge may
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authorize a law enforcement agency to effect certain
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service and receive a portion of the service fee;
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prohibiting a person from serving or executing such
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injunctions unless the person is a law enforcement
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officer; authorizing the court to order an officer to
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accompany a petitioner and assist in the execution of
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service of such an injunction under certain
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circumstances; requiring the clerk of the court to
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electronically transmit a copy of such an injunction
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to a certain sheriff within a specified timeframe
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after the court issues, changes, or vacates the
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injunction; requiring a sheriff or other law
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enforcement officer who receives such an injunction or
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who makes service upon a respondent to make certain
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information available to other law enforcement
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agencies in a specified manner within a certain
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timeframe; requiring the Florida Association of Court
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Clerks and Comptrollers to develop a certain automated
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process, subject to available funding; providing
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requirements for automated notice; authorizing the
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Florida Association of Court Clerks and Comptrollers
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to apply for grants for a specified purpose; requiring
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the clerk of the court to notify a certain sheriff or
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law enforcement agency of certain action by the court
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within a specified timeframe; authorizing the court to
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enforce violations of such injunctions through civil
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or criminal contempt proceedings; providing for the
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transfer of certain fines and assessments by the clerk
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of the court to the Department of Revenue for deposit
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into the Domestic Violence Trust Fund; requiring that
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a respondent arrested for a violation of such an
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injunction be held in custody until brought before the
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court for a specified purpose; providing immunity from
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civil and criminal liability for law enforcement
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officers and agencies acting in good faith under
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certain provisions; creating s. 908.141, F.S.;
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authorizing a petitioner to contact the clerk of the
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court under certain circumstances; requiring the clerk
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of the court to assist the petitioner in preparing an
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affidavit or direct the petitioner to a certain
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office, under certain circumstances; requiring the
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clerk of the court or the office assisting the
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petitioner to immediately forward the affidavit to
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certain persons; requiring a law enforcement agency to
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complete its investigation and forward the affidavit
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along with a certain report to the state attorney
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within a specified timeframe; requiring the state
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attorney to make a certain determination within a
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specified timeframe; authorizing the court to
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immediately issue an order of appointment of the state
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attorney under certain circumstances; requiring the
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court to immediately notify the state attorney that
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the court is proceeding to enforce the violation
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through a ruling of criminal contempt under certain
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circumstances; providing criminal penalties for a
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willful violation of an injunction; specifying the
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means by which a person violates such an injunction;
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providing that a person with two or more prior
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convictions for violation of an injunction or foreign
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protection order against the same victim who commits a
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subsequent violation against the same victim commits a
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third degree felony; defining the term “conviction”;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 908.14, Florida Statutes, is created to
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read:
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908.14 Marriage fraud.—
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(1) As used in this section, the term “marriage fraud”
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means knowingly entering into a marriage for the purpose of
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evading immigration laws and engaging in acts of violence,
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manipulation, abuse, coercion, or emotional or financial harm,
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when the perpetrator is a person who is not a citizen of the
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United States.
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(2) There is created a cause of action for an injunction
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for protection in cases of marriage fraud.
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(a) A person who is the victim of marriage fraud has
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standing in the circuit court to file a verified petition for an
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injunction for protection against marriage fraud on his or her
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own behalf, regardless of whether criminal charges based on the
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marriage fraud have been filed, reduced, or dismissed.
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(b) This cause of action for an injunction may be sought
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regardless of whether any other petition, complaint, or cause of
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action is currently available or pending between the parties.
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(c) This cause of action for an injunction does not require
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that the petitioner be represented by an attorney.
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(3)(a) The clerk of the court shall provide a copy of this
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section, simplified forms, and clerical assistance for the
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preparation and filing of a petition for an injunction for
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protection against marriage fraud by any person who is not
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represented by an attorney.
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(b) Notwithstanding any other law, the clerk of the court
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may not charge a fee for filing a petition for an injunction for
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protection against marriage fraud. However, subject to
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legislative appropriation, the clerk of the court may, each
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quarter, submit to the Justice Administrative Commission a
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certified request for reimbursement for petitions for such
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injunctions issued by the court under this section, at the rate
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of $40 per petition. The request for reimbursement must be
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submitted in the form and manner prescribed by the Justice
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Administrative Commission. From this reimbursement, the clerk of
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the court shall pay any law enforcement agency serving the
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injunction the fee requested by the law enforcement agency;
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however, this fee may not exceed $20.
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(c) A bond may not be required by the court for the entry
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of an injunction.
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(d) The clerk of the court shall provide the petitioner
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with a certified copy of any injunction for protection against
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marriage fraud entered by the court.
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(4)(a) The verified petition must allege an incident of
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marriage fraud and must include the specific facts and
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circumstances that form the basis upon which relief is sought.
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(b) The verified petition must be in substantially the
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following form:
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PETITION FOR INJUNCTION FOR PROTECTION
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AGAINST MARRIAGE FRAUD
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The undersigned petitioner ...(name)... declares under
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penalties of perjury that the following statements are true:
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1. Petitioner resides at ...(address)...
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2. Respondent resides at ...(address)...
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3. Petitioner is the victim of marriage fraud as
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demonstrated by the fact that respondent is not a citizen of the
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United States and has: ...(list the specific behavior or conduct
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that leads the petitioner to have reasonable cause to believe
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that the respondent committed marriage fraud)...
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4. Petitioner seeks: an immediate injunction against the
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respondent, enjoining him or her from committing any further
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acts of violence, manipulation, abuse, coercion, or emotional or
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financial harm; and an injunction providing any terms the court
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deems necessary for the protection of the petitioner and the
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petitioner’s immediate family, including any injunctions or
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directives to law enforcement agencies.
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(c) Every petition for an injunction against marriage fraud
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must contain, directly above the signature line, a statement in
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all capital letters and bold type not smaller than the
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surrounding text, as follows:
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UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE
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FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT ARE TRUE. I
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UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING
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MADE UNDER PENALTIES OF PERJURY, PUNISHABLE AS PROVIDED IN
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SECTION 92.525, FLORIDA STATUTES.
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...(initials)...
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(5) Upon the filing of the petition, the court shall set a
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hearing to be held at the earliest possible time. The respondent
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shall be personally served with a copy of the petition, notice
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of hearing, and temporary injunction, if any, before the
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hearing.
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(6)(a) If it appears to the court that an immediate and
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present danger of violence exists, the court may grant a
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temporary injunction, which may be granted in an ex parte
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hearing pending a full hearing, and may grant such relief as the
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court deems proper, including an injunction enjoining the
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respondent from committing any acts of violence.
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(b) Except as provided in s. 90.204, in a hearing ex parte
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for the purpose of obtaining such temporary injunction, only
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verified pleadings or affidavits may be used as evidence, unless
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the respondent appears at the hearing or has received reasonable
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notice of the hearing.
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(c) Any such ex parte temporary injunction shall be
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effective for a fixed period not to exceed 15 days. A full
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hearing must be set for a date no later than the date on which
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the temporary injunction ceases to be effective. The court may
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grant a continuance of the ex parte temporary injunction and the
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full hearing before or during a hearing for good cause shown by
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any party.
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(7)(a) Upon notice and hearing, the court may grant such
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relief as the court deems proper, including an injunction:
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1. Enjoining the respondent from committing any acts of
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violence, manipulation, abuse, coercion, or emotional or
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financial harm.
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2. Ordering such other relief as the court deems necessary
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for the protection of the petitioner, including injunctions or
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directives to law enforcement agencies, as provided in this
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section.
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(b) The terms of the injunction remain in full force and
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effect until modified or dissolved. Either party may move at any
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time to modify or dissolve the injunction. Such relief may be
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granted in addition to other civil or criminal remedies.
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(c) A temporary or final judgment on injunction for
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protection against marriage fraud entered pursuant to this
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section must, on its face, indicate all of the following:
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1. That the injunction is valid and enforceable in all
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counties of the State of Florida.
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2. That law enforcement officers may make a warrantless
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arrest to enforce the terms of the injunction.
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3. That the court had jurisdiction over the parties and
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matter under the laws of Florida and reasonable notice and
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opportunity to be heard was given to the person against whom the
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order is sought sufficient to protect that person’s right to due
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process.
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4. The date that the respondent was served with the
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temporary or final order, if obtainable.
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(8)(a)1. Within 24 hours after the court issues an
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injunction for protection against marriage fraud, the clerk of
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the court shall electronically transmit a copy of the petition,
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notice of hearing, and temporary injunction, if any, to the
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sheriff or a law enforcement agency of the county where the
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respondent resides or can be found, who shall serve it upon the
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respondent as soon thereafter as possible on any day of the week
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and at any time of the day or night. An electronic copy of an
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injunction must be certified by the clerk of the court, and the
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electronic copy must be served in the same manner as a certified
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copy. Upon receiving an electronic copy of the injunction, the
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sheriff must verify receipt with the sender before attempting to
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serve it upon the respondent. In addition, if the sheriff is in
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possession of an injunction for protection that has been
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certified by the clerk of the court, the sheriff may
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electronically transmit a copy of that injunction to a law
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enforcement officer who shall serve it in the same manner as a
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certified copy. The clerk of the court is responsible for
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furnishing to the sheriff such information on the respondent’s
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physical description and location as is required by the
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Department of Law Enforcement to comply with the verification
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procedures set forth in this section. Notwithstanding any other
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law to the contrary, the chief judge of each circuit, in
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consultation with the appropriate sheriff, may authorize a law
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enforcement agency within the chief judge’s jurisdiction to
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effect this type of service and to receive a portion of the
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service fee. A person may not serve or execute an injunction
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issued under this section unless the person is a law enforcement
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officer as defined in chapter 943.
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2. When an injunction is issued, if the petitioner requests
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the assistance of a law enforcement agency, the court may order
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that an officer from the appropriate law enforcement agency
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accompany the petitioner and assist in the execution or service
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of the injunction. A law enforcement officer must accept a copy
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of an injunction for protection against marriage fraud,
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certified by the clerk of the court, from the petitioner and
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immediately serve it upon a respondent who has been located but
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not yet served.
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(b)1. Within 24 hours after the court issues, changes, or
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vacates an injunction for protection against marriage fraud, the
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clerk of the court must electronically transmit a copy of the
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injunction to the sheriff with jurisdiction over the residence
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of the petitioner.
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2. Within 24 hours after the court issues an injunction for
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protection against marriage fraud, the clerk of the court must
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electronically transmit a copy of the injunction to the State
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Board of Immigration Enforcement, which must coordinate with
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local law enforcement agencies and the Federal Government for
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the purpose of enforcing state and federal immigration laws as
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appropriate.
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3. Within 24 hours after service of process of an
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injunction for protection against marriage fraud upon a
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respondent, the law enforcement officer must electronically
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transmit the written proof of service of process to the sheriff
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with jurisdiction over the residence of the petitioner.
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4. Within 24 hours after the sheriff receives a certified
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copy of the injunction for protection against marriage fraud,
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the sheriff must make information relating to the injunction
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available to other law enforcement agencies by electronically
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transmitting such information to the Department of Law
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Enforcement.
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5. Within 24 hours after the sheriff or other law
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enforcement officer has made service upon the respondent and the
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sheriff has been so notified, the sheriff must make information
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relating to the service available to other law enforcement
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agencies by electronically transmitting such information to the
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Department of Law Enforcement.
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6. Subject to available funding, the Florida Association of
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Court Clerks and Comptrollers shall develop an automated process
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by which a petitioner may request notification of service of the
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injunction for protection against marriage fraud and other court
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actions related to the injunction. The automated notice must be
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made within 12 hours after the sheriff or other law enforcement
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officer serves the injunction upon the respondent. The
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notification must include, at a minimum, the date, time, and
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location where the injunction was served. The Florida
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Association of Court Clerks and Comptrollers may apply for any
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available grants to fund the development of the automated
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process.
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7. Within 24 hours after an injunction for protection
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against marriage fraud is vacated, terminated, or otherwise
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rendered no longer effective by ruling of the court, the clerk
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of the court must notify the sheriff or local law enforcement
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agency that received original notification of the injunction as
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provided in subparagraph (a)1. Such sheriff or agency shall,
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within 24 hours after receiving such notification from the clerk
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of the court, notify the Department of Law Enforcement of the
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action of the court.
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(9)(a) The court may enforce a violation of an injunction
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for protection against marriage fraud through a civil or
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criminal contempt proceeding, and the state attorney may
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prosecute it as a criminal violation under s. 908.141. Any fine
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or assessment ordered by the court enforcing such injunction
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shall be collected by the clerk of the court and transferred on
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a monthly basis to the Department of Revenue for deposit into
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the Domestic Violence Trust Fund.
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(b) If the respondent is arrested by a law enforcement
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officer for a violation of an injunction for protection against
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marriage fraud, the respondent shall be held in custody until
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brought before the court as expeditiously as possible for the
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purpose of enforcing the injunction and for admittance to bail
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in accordance with chapter 903 and the applicable rules of
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criminal procedure, pending a hearing.
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(10) A law enforcement officer acting in good faith under
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this section and the officer’s employing agency are immune from
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all liability, civil or criminal, that might otherwise be
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incurred or imposed by reason of the officer’s or agency’s
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actions in carrying out the provisions of this section.
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Section 2. Section 908.141, Florida Statutes, is created to
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read:
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908.141 Violation of an injunction for protection against
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marriage fraud.—
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(1) In the event of a violation of an injunction for
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protection against marriage fraud issued under s. 908.14, when
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the person who violated such injunction has not been arrested,
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the petitioner may contact the clerk of the court of the county
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in which the violation is alleged to have occurred. The clerk of
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the court shall assist the petitioner in the preparation of an
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affidavit in support of the violation or direct the petitioner
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to the office operated by the court within the circuit which has
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been designated by the chief judge of the judicial circuit as
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the central intake point for injunction violations and where the
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petitioner can receive assistance in the preparation of the
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affidavit in support of the violation.
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(2) The affidavit must be immediately forwarded by the
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clerk of the court or the office assisting the petitioner to the
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state attorney of the circuit and to the court or judge as the
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chief judge of the circuit determines to be the recipient of
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affidavits of violation. If the affidavit alleges that a crime
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has been committed, the clerk of the court or the office
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assisting the petitioner shall also forward a copy of the
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affidavit to the appropriate law enforcement agency for
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investigation. Within 20 days after receipt of the affidavit,
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the local law enforcement agency shall complete its
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investigation and forward a report to the state attorney. The
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state attorney shall determine within 30 business days whether
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its office will proceed to file criminal charges, prepare a
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motion for an order to show cause as to why the respondent
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should not be held in criminal contempt, prepare both as
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alternative findings, or file notice that the case remains under
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investigation or is pending subject to another action.
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(3) If, based on its familiarity with the case, the court
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has knowledge that the victim of marriage fraud as defined in s.
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908.14(1) is in immediate danger if the court fails to act
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before the decision of the state attorney to prosecute, it may
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immediately issue an order of appointment of the state attorney
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to file a motion for an order to show cause as to why the
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respondent should not be held in contempt. If the court does not
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issue an order of appointment of the state attorney, it shall
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immediately notify the state attorney that the court is
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proceeding to enforce the violation through a ruling of criminal
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contempt.
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(4) A person who willfully violates an injunction for
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protection against marriage fraud commits a misdemeanor of the
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first degree, punishable as provided in s. 775.082 or s.
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775.083. A person violates such injunction by:
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(a) Refusing to vacate the dwelling shared with the victim;
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(b) Going to or being within 500 feet of the victim’s
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residence;
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(c) Committing any other violation of the injunction
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through an intentional unlawful threat, word, or act to do
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violence to the victim;
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(d) Telephoning, contacting, or otherwise communicating
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with the victim directly or indirectly, unless the injunction
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specifically allows indirect contact through a third party;
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(e) Knowingly and intentionally coming within 100 feet of
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the victim’s motor vehicle, regardless of whether that vehicle
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is occupied; or
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(f) Defacing or destroying the victim’s personal property.
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(5) A person who has two or more prior convictions for
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violation of an injunction or foreign protection order accorded
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full faith and credit pursuant to s. 741.315 against the same
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victim, and who subsequently commits a violation of any
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injunction or foreign protection order accorded full faith and
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credit pursuant to s. 741.315 against the same victim, commits a
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felony of the third degree, punishable as provided in s.
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775.082, s. 775.083, or s. 775.084. For purposes of this
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subsection, the term “conviction” means a determination of guilt
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which is the result of a plea or a trial, regardless of whether
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adjudication is withheld or a plea of nolo contendere is
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entered.
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Section 3. This act shall take effect October 1, 2026.