“A public officer is a public trust. The people have the right to secure and sustain that trust.”
Article I, Section 8, Florida Constitution
The Florida Constitution, which has governed Florida citizens for more than 175 years, established a Clerk & Comptroller as an elected public trustee in 1838 and established at the county level a system of checks and balances that has served the public well. The functions and duties of Clerk & Comptrollers vary from state to state. In most Florida counties, the Clerk & Comptroller is generally vested with a large number of administrative duties. The Florida Clerk is not only Clerk of the Circuit Court, but also the County Treasurer, Recorder, Auditor, Finance Officer, and Ex-Officio Clerk of the County Commission in most counties.
“There shall be in each county a Clerk of the Circuit Court who shall be selected pursuant to the provisions of Article VIII, Section 1.“ Article V, Section 16,
Florida Constitution
The Office of the Clerk & Comptroller performs a wide range of record keeping, information management, and financial management for the judicial system and county government. Because the Clerk & Comptroller’s duties affect the rights and property of county citizens, it is essential that the Clerk & Comptroller remain accountable for his or her actions. For this reason, the constitution and statutes require that the Clerk:
- is governed by statutory authority in carrying out the duties and functions of the office,
- as auditor and custodian of county funds, is subject to state Auditor General rules and regulations, and
- is subject to annual audits by independent firms.
Public evaluation and scrutiny in the election process every four years also ensures accountability of your locally elected Clerk & Comptroller.
“The Clerk of the Circuit Court shall be Ex-Officio Clerk of the Board of County Commissioners, Auditor, Recorder and Custodian of all county funds.” Article VIII, Section 1(d), Florida Constitution
The Joint Select Committee on Judicial Personnel of the Florida Legislature calculated that the Clerk & Comptroller’s Office performs 926 different constitutional and statutory functions and duties (this number does not include responsibilities required by court rule and administrative order). The number of tasks continues to grow with changes in legislation, regulations and reporting requirements
Circuit & County Court
- Attend Court hearings and trials
- File indictments, information, and verdicts
- Process all civil and criminal cases
- Prepare appellate records
- Jury management
- Collect and disburse traffic fines, court costs, forfeitures, fees and service charges
- Conduct mortgage foreclosure sales
- Maintain custody of all evidence and exhibits entered by the court
- Assist in completing paperwork required to file a Small Claims action
- Assist in completing paperwork required to file petitions for protective injunctions (domestic, repeat, sexual, and dating violence)
- Issue process service documents
- Maintain court registry
- Audit guardianship reports
- Audit child support payments
- Compile and provide statistical data for state agencies and the judiciary
Official Records
- Maintain a general alphabetical index, direct and inverse, of all instruments filed for record. Record
- all instruments in one general series called Official Records
- Record and index documents in accordance with Florida Statutes
- Keep a register of all instruments recorded including date, time, type and names
- Maintain separate books for maps, plats and drawings including DOT maps
- Upon recordation, collect documentary stamp and intangible taxes
- Process tax deed applications and conduct sales
- Issue and record marriage license applications
- Process new passport applications
Finance & Accounting
- Provide accounting services to all departments under the Board of County Commissioners
- Provide an accounting system for all fiscal changes implemented by the Board
- Handle investments of available county funds
- Provide financial reporting to the Board and all federal and state agencies
- Process accounts payable and accounts receivable
- Process the county payroll
- Pre-audit all County expenditures before payment
- Review proposed contracts before adoption
- Conduct internal post-audits to determine if financial controls are sufficient
Clerk to the Board of County Commissioners
- Attend meetings and workshops of the Board of County Commissioners
- Produce, record, index and distribute the official minutes of these meetings
- Maintain legal custody of the Official County Seal
- Maintain custody of all county resolutions, ordinances, and contracts
- Clerk to Value Adjustment Board
- Process appeals for Value Adjustment Board
- Attestation services
References
Florida Constitution
Article VIII, Section 1, Article V, Section 16, Florida Constitution establishes the Office of the Clerk & Comptroller
Florida Statutes
Title V, Chapter 28 – Clerk of the Circuit Court
Title X, Chapter 119 – Public Records