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SB 1316

Injunctions for Protection Against Marriage Fraud

2026 Regular Session Introduced by Clay Yarborough

Creates a civil remedy for victims of marriage fraud to seek immediate protection via an injunction in circuit court, without criminal charges needed.

Died in Judiciary
#(vetoed)
0
WeVote Research Nonpartisan
Bill Summary · SB 1316

Overview

  • Jurisdiction: Florida
  • Session: 2026
  • Bill: SB 1316 (Injunctions for Protection Against Marriage Fraud)
  • Sponsor: Senator Yarborough (Co-sponsor: Clay Yarborough)
  • Status: Died in Judiciary committee (Action History: Died in Judiciary, 2026-03-13)

Purpose and Intent

Creates a new Florida statute establishing a civil remedy for victims of marriage fraud—defined as a non-U.S. citizen entering a marriage to evade immigration laws and engaging in violence, manipulation, abuse, coercion, or emotional/financial harm. The bill adds a dedicated cause of action for an injunction for protection against marriage fraud, providing a streamlined pathway for victims to seek immediate and ongoing protection without needing to pursue criminal charges first.

Key Provisions and Changes

  • Definition

    • “Marriage fraud” is knowingly entering a marriage to evade immigration laws, coupled with acts of violence, manipulation, abuse, coercion, or emotional/financial harm by a non-U.S. citizen spouse.

  • New Cause of Action

    • Victims may file a verified petition for an injunction for protection against marriage fraud in circuit court.
    • Standing is available on the victim’s own behalf, regardless of criminal charges, and regardless of other pending or available petitions or causes of action.
    • No attorney is required to file.

  • Clerk’s Roles and Fees

    • Clerks must provide forms, simplified guidance, and clerical assistance to petitioners not represented by counsel.
    • Clerks may not charge a filing fee for petitions.
    • Clerks may seek reimbursement (up to $40 per petition) from the Justice Administrative Commission, with up to $20 of that per-petition reimbursement allocated to the law enforcement agency serving the injunction.

  • Bond and Documentation

    • No bond may be required for entry of the injunction.
    • Clerks must provide a certified copy of the injunction to the petitioner.

  • Petition and Hearing Process

    • Petitions must allege specific incidents and facts demonstrating marriage fraud.
    • Petitions follow a prescribed form, including a bold, caps-statement under penalties of perjury.
    • A hearing must be set at the earliest possible time after filing; respondents must be personally served with petition, hearing notice, and any temporary injunction.
    • Temporary (ex parte) injunctions may be granted if there is an immediate danger, for up to 15 days, with a full hearing required by that period.

  • Relief and Judgments

    • At the hearing, courts may grant protective relief, including restrictions on violence, manipulation, or abuse, and directives to law enforcement as needed.
    • Final and temporary judgments must state: validity in all Florida counties, warrantless arrest authority for enforcement, court jurisdiction and due process, and service date.

  • Service and Notification

    • Within 24 hours of issuance, clerks must transmit petition, notice, and injunction to the appropriate sheriff or law enforcement agency for service, with certification requirements.
    • Sheriff must verify receipt and serve the respondent; sheriffs may be authorized to assist or accompany petitioners for service.
    • Notices to law enforcement and immigration enforcement agencies are required within 24 hours of key court actions.
    • Automated notice processes may be developed to notify petitioners of service, subject to funding.
    • When an injunction is vacated, terminated, or no longer effective, relevant law enforcement agencies must be notified within 24 hours.

  • Enforcement and Penalties

    • Violations of the injunction may be enforced via civil or criminal contempt; criminal penalties can include willful violation penalties.
    • A person with two or more prior convictions for violations against the same victim faces a third-degree felony for subsequent violations.
    • Immunity provisions protect officers and agencies acting in good faith.

  • Additional Provisions

    • State Attorney involvement: permits immediate appointment to file motions for contempt if needed to protect the victim, and accelerates related criminal contempt actions when warranted.
    • Revenues from fines/assessments collected by clerks are deposited into the Domestic Violence Trust Fund via the Department of Revenue.

Who would be Affected

  • Victims of marriage fraud who are U.S. non-citizen spouses and experience violence, manipulation, abuse, coercion, or financial or emotional harm.
  • Petitioners who may file without attorney representation.
  • Local courts and clerks of the court, with duties to provide forms, assistance, and electronic notice.
  • Law enforcement agencies responsible for service and enforcement of injunctions.
  • State Attorney offices in handling related criminal contempt actions and potential charges.
  • Florida Department of Revenue via transfer of collected fines/assessments.
  • Immigration enforcement coordination with the State and local agencies.

Procedural and Timeline Aspects

  • Filing to hearing: Court must set an expedited hearing at filing; ex parte temporary injunctions possible for up to 15 days if imminent danger exists.
  • Service timelines: Notification and service obligations exist within 24 hours for issuance, changes, vacatur, and upon service of process.
  • Recordkeeping and notices: Electronic transmission of injunctions and service proof to sheriffs, LE agencies, and the Department of Law Enforcement within tight 24-hour windows.
  • Enforcement timeline: State Attorney reviews affidavits within defined timeframes (investigation within 20 days; decision within 30 business days regarding charges or contempt motions).
  • Effective date: October 1, 2026.

Note: The bill did not advance beyond committee in the 2026 session.

Compiled from official sources — confirm details with the bill’s official record.

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