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Florida Ends 148-Year Old Ban on Unmarried Cohabitation

April 6, 2016 - 5:45pm

Unmarried couples can now legally live together in the Sunshine State. 

The statewide ban on cohabitation is officially over after Gov. Rick Scott signed a bill into law ending the ban on Wednesday. The legislation was part of a handful of other bills given the green light to become law in Florida this year. 

The bill,HB 4003/SB 498, sponsored by Reps. Richard Stark, D-Weston, and Michelle Rehwinkel-Vasalinda, D-Tallahassee and Sen. Eleanor Sobel, D-Hollywood, repeals a nearly 150-year old law which made it a second-degree misdemeanor for unmarried couples to “lewdly and lasciviously cohabitate together.”

The old law was originally put into place to prevent racial-mixing and intra-familial marriage and many other states had similar laws. As the years went on, other states simply got rid of the ban. 

Florida was one of the few remaining states to still have anti-cohabitation laws on the books. Michigan and Mississippi still prohibited the practice at the time of this article’s publishing. 

The law was rarely enforced, but there had been some instances as recently as 1979 where state regulators would reference the statute to suspend business licenses. Between 2007 and 2011, nearly 700 couples were penalized for living together unlawfully, according to a report from WCTV. 

The crime used to carry a fine of up to $500 or up to 60 days in jail as a second-degree misdemeanor. 

According to a press release, census data from 2010 showed nearly 550,000 Floridians were living together without being married. 

“It’s a victory to have our laws reflect the real world and get rid of old laws that no longer have any support,” Said Rep. Stark. “It’s also another case of the Legislature recognizing the real lives of a huge and diverse population. We can always have more of that.”
Census data from 2010 showed nearly 550,000 Floridians lived together without being married.
State lawmakers tried for years to repeal the law, but had little success until the 2016 legislative session. 

“Whether friends or more, government has no business looking under the sheets. In talking to elders in Florida, who often live together for financial reasons and companionship, they were distressed to find out they might be breaking the law even if they were just friends,” Rep. Rehwinkel Vasilinda said. “In the past, House rules only allowed the repeal of an entire section of a statute. With the new House rules, I was able to take a scalpel to the statute, removing a specific phrase about cohabitation while leaving the public lewd and lascivious portion intact.
Rehwinkel-Vasilinda called the bill’s passage a “victory for smaller government.”

Though the law was very rarely enforced, there were instances as recently as 1979 of state regulators using the statute to suspend business licenses. Florida had been one of only three with cohabitation prohibitions still on the books. No longer. With the governor’s signature, the bill sponsored by Sen. Eleanor Sobel, D-Hollywood, became effective immediately.
“I appreciate the governor’s action, Senator Sobel’s work on the companion bill and all the bipartisan support in both the House and Senate,” Rep. Stark said.



Reach reporter Allison Nielsen by email at or follow her on Twitter: @AllisonNielsen


thank you sen sobel and gov scott

thank god because people are smoking dope like they were never married, or packing fudge, or scissoring...

I was out last week shopping for wedding rings since my would've-been fiance and I were considering moving in together. In fact, the only thing that had prevented us from living together before now was this ban. No longer wanting to live alone, and being the law-abiding citizens we are, we were all set to tie the knot. Now, thanks to Gov. Scott, we can forget the stress and expense of a wedding! We can finally live together as a couple without fear and without the need for a costly ceremony. Thank you Rick Scott! Thank you!

So, now that has been settled, will someone put forth the common law marriage act for couples that have been together after so many years?

So, now that has been settled, will someone put forth the common law marriage act for couples that have been together after so many years?

Why? Grow up & get married if you want, it shouldn't be automatic.

No doubt a major victory for Scott and the legislature. Thank goodness! I know I will sleep easier tonight.

Wow. Another hard day at the office.

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