Search Results for: marriage license

The Clerk of the Circuit Court acts as an agent for the State of Florida for issuing licenses per Florida Statute 741. The Marriage License Department is here to answer your questions concerning obtaining a marriage license in Franklin County.

To help you in finding quick answers to your common questions, we have provided the following sections:
Marriage License Fees
Fees related to the Marriage License Department.
Marriage License FAQs
Frequently Asked Questions for the Marriage License Department. Check to see if your question is already answered here.

Marriage License Forms

1. Application for Marriage License
2. Required Premarital Statement
3. Affirmation Of Common Children
4. Family Law Handbook

Marital handbook prepared as a public service by The Family Law Section of The Florida Bar. This handbook has been reviewed for accuracy by The Family Court Steering Committee established by The Florida Supreme Court.
Marriage License Contact Information
Need to visit, write, phone, or email the Marriage License Department? You will find that information here.

Fees
The charges listed are established by Florida Statutes, Franklin County ordinances, administrative orders, rules of court procedures and special legislative acts.
NOTE: Some charges include additional fees which are authorized by county ordinances; These may vary from county to county.

Description	Amount
Cost, including certified copy of license	$86.00
Additional certified copies	$3.00

FAQs
The Clerk of the Circuit Court is the Marriage License issuing agent for the state.
The following are the most often asked questions regarding a marriage license or courthouse wedding:

What do I need to do to get a marriage license?
To obtain a marriage license both parties need to come in person to the Clerk’s office, bring their Valid Photo Identification, provide their social security numbers (Or Valid Passport) and pay the marriage license fee. In addition, if either party has previously been married, they must supply the date and reason that marriage ended. Each person applying for a marriage license must also read the “Family Law Handbook”. This is required by law. For additional information on how to bring my fiance'(e) to the United States, click here.

What type of identification is a marriage license applicant required to produce?
Applicants are required to provide one of the following IDs, and that ID must include his/her date of birth:

1. A Florida identification card or driver’s license issued by the Florida Department of Highway Safety and Motor Vehicles.
2. A passport issued by the Department of State of the United States.
3. A passport issued by a foreign government if the document is stamped by the United States Immigration and Naturalization Service.
4. A driver’s license or an identification card issued by a public agency authorized to issue driver’s licenses in a state other than Florida, a territory of the United States, or Canada or Mexico.
5. An identification card issued by any branch of the armed forces of the United States.
6. An inmate identification card issued on or after January 1, 1991, by the Florida Department of Corrections for an inmate who is in the custody of the department.
7. An inmate identification card issued by the United States Department of Justice, Bureau of Prisons, for an inmate who is in the custody of the department.
8. A sworn, written statement from a sworn law enforcement officer as to the date of birth of an applicant and that the identification documents for an inmate in an institution of confinement were confiscated upon confinement and that the person named in the document is the person whose signature is to be notarized.
9. An identification card issued by the United States Immigration and Naturalization Service.

How much does it cost to get a license?
The total cost for a license (including county and state fees) is $86.00. However, couples who have attended an approved premarital preparation class pay only $61.00. The provider has to be on a provider list pursuant to Florida Statute 741.0305(5) and the Certificate of Completion for the class must be presented to the Clerk.

Do I have to pay the fee in cash?
Payment in full by cash, cashier’s check or credit card is required.

Do both parties have to be present at the Clerk’s office to apply for a license?
Yes.

Do we have to have a blood test to apply for a license?
No. Blood tests for marriages in Florida are not required.

How long does it take to get a license?
Licenses are issued immediately. The process normally takes no more than 30 minutes. However, unless the couple has attended an approved premarital preparation class there is a three day waiting period before the license is effective and the marriage can take place. There is no waiting period for out of state residents.

What are the age restrictions for obtaining a marriage license?
Effective July 1, 2018, A license may not be issued to any person younger than 18 years of age, unless (a) the person is at least 17 years of age and provides the written consent of his or her parents or legal guardian, which is acknowledged by an officer authorized by law to take acknowledgments and administer oaths; and (b) the older party to the marriage is not more than 2 years older than the younger party to the marriage.

Is the signature of just one parent sufficient to qualify as parental permission for a minor to marry?
No. The permission of one parent is sufficient ONLY if that parent has sole legal custody of the minor or if the other parent is deceased.

How long is the marriage license valid?
Florida marriage licenses are valid for 60 days from their date of issue. They must be returned to the Clerk’s Office for recording within 10 days after the marriage is performed.

How long does it usually take to get a certified copy of our marriage record?
Certified copies are normally received within 10 days after the completed marriage certificate is returned to the Clerk’s office for recording in the county’s official records.

How much does it cost for a certified copy of a marriage certificate?
One certified copy is provided as part of the marriage license fee. There is no additional cost. Extra certified copies may be obtained for a fee of $3.00 each.

Do one or both of the marriage license applicants have to be American citizens?
No. There is no citizenship requirement.

Do we have to make an advance appointment for a license?
No. Licenses are issued without appointments Monday through Friday 8:00 a.m. to 4:00 p.m.

Who may perform the marriage for us?
All regularly ordained ministers of the gospel, or elders in communion with some church, or other ordained clergy, and notaries public of this state may perform marriages under the regulations prescribed by law.  Upon request, information will be provided regarding options known to the Clerk’s office that are available for this service.

My husband and I want to renew our vows. Do we need to get a license for this?
No.

How do we go about renewing our marriage vows?
Talk to your clergyman, chaplain, or other religious adviser or personal counselor.

Do I have to have my divorce papers (or spouse’s death certificate) in order to apply for a marriage license?
You must be sure the divorce is final and you will need to know the date the judgement was signed. The application does require you to say when and how your last marriage ended (divorce, annulment, or death).

Do I have to bring a driver’s license or other form of official identification with me to obtain a marriage license?
Yes, proper photo identification such as a driver’s license, Florida I.D. card, or passport is required.

Can a person marry someone to whom they are related?
Florida law prohibits a person marrying anyone to whom they are related by lineal consanguinity. The nearest degree of relationships who may legally marry in the state of Florida is first cousins.

Where is the Clerk’s Office located?
Marriage Licenses are issued at the Clerk’s office located at 33 Market Street, Suite 203, Apalachicola, Florida 32320 AND at the Carrabelle Annex located at 912 N.W. Avenue A, Carrabelle, Florida 32322.

Can I marry outside the State of Florida with a Florida marriage license?
No. You can only use a Florida Marriage License in the State of Florida.

UPDATE 10/13/2020

The Clerk’s office remains open to the public at full staff as we are considered critical, essential workers.  The offices are being cleaned and sanitized on an ongoing basis.  Employees are encouraged to wash their hands, use hand sanitizer, and wipe surfaces frequently.  We have plexiglass desk shields to provide separation from our customers, and employees are wearing masks and social distancing separation is occurring as we continue to do everything possible to combat COVID-19.

Florida Supreme Court Administrative Order AOSC20-23, Amendment 3, and AOSC20-32 established a four-phase plan for the Judicial Branch to respond to the pandemic.  Under Administrative Order 2020-13 executed by Chief Judge, Hon. Jonathan Sjostrom in the Second Circuit, Franklin County has satisfied the benchmark criteria for transition to Phase 2.  Phase 2 allows court proceedings to be held with limited in-person attendance, with screening questions to be asked to those appearing along with requirements for masks to be worn and social distancing to be in place.  Franklin County’s courtrooms have been modified to comply.

A date for jury trials has been scheduled.  Jury selection is scheduled for October 26, 2020 in County Court before County Judge, Hon. J. Gordon Shuler, and jury summons have been mailed.  The docket for the trial cases is currently scheduled on October 19, 2020, and after that date, it should be known if the trials will go forward.

Many Clerk services and forms are available online.  See my update here from 3/20/2020 which contains links to online services.  The office can be reached by telephone at 850-653-8861.  You can select a zero (0) when you call, and someone will respond.

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UPDATE 7/29/2020

The Clerk’s office is back to full staff at the Main Courthouse.  There were some employees who tested positive for Covid-19 and there were other employees who had to quarantine because of close contact.  All employees who returned to work presented release paperwork from the Department of Health upon their return.

The offices are being thoroughly cleaned and sanitized on an ongoing basis, and a special cleaning from a professional company was performed.  Employees are encouraged to wash their hands, use hand sanitizer, and wipe surfaces frequently.  Our plexiglass desk shields are providing some separation from our customers, and employees are wearing masks and social distancing separation is occurring.  We are doing everything we possibly can to combat Covid-19.

The Franklin County Clerk of Court remains open for business as we are considered critical, essential workers.  Please be aware that safety protocols are in place for those who must visit the office in person. This is for the safety of our team and the public.

To further limit in-person contact, many Clerk services are still available by phone at 850-653-8861 and online. You can select a zero (0) when you call, and someone will respond. Many forms are also available for download and update 3/20/2020 contains important links to online services.

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UPDATE 7/16/2020

More Clerk’s office employees tested positive for COVID-19.

The Health Department is aware of this, and all protocols are being followed.

The office has been thoroughly cleaned and sanitized on an ongoing basis, and a special cleaning from a professional company will be done this weekend.  Recently, plexiglass was installed to provide some separation from our customers, and employees will wear masks and social distance.

The Franklin County Clerk of Court remains open for business as we are considered critical workers, while limiting non-essential services to prevent the spread of COVID-19. Be aware that safety protocols are in place for those who must visit the office in person. This is for the safety of our team and the public.

As affected employees are in quarantine, our office is short-staffed; please be patient as we do our best to assist you.

To further limit in-person contact, many Clerk services are still available by phone at 850-653-8861 and online. You can select a zero (0) when you call, and someone will respond. Many forms are also available for download and update 3/20/2020 contains important links to online services.

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UPDATE 7/6/2020

Two Clerk’s office employees tested positive for COVID-19. Both employees were asymptomatic and tested positive after random testing of Clerk staff.

All employees having direct contact with those who tested positive are quarantining for a period of 14 days.

The office will be thoroughly cleaned and sanitized on an ongoing basis. Recently, plexiglass was installed to provide some separation from our customers, and employees will wear masks and social distance when they are not behind the plexiglass windows.

The Franklin County Health Department is aware of the situation, and the Clerk’s office is following their recommended protocols.

The Franklin County Clerk of Court remains open for business, while limiting non-essential services to prevent the spread of COVID-19. Be aware that safety protocols are in place for those who must visit the office in person. This is for the safety of our team and the public.

As affected employees are in quarantine, our office is short-staffed; please be patient as we do our best to assist you.

To further limit in-person contact, many Clerk services are still available by phone at 850-653-8861 and online. You can select a zero (0) when you call, and someone will respond. Many forms are also available for download and update 3/20/2020 contains important links to online services.

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UPDATE 04/20/2020

The Department of Homeland Security through the Cybersecurity and Infrastructure Security Agency (CISA) released their new Essential Critical Infrastructure worker list.  The Franklin County Clerk of Court remains open as our operations and services provided are classified as essential.  The services provided are crucial to community resilience and continuity of essential functions.

The Clerk of Courts provides operational support to essential county departments (emergency management, public works, solid waste, mosquito control, animal control, building department, planning and zoning, veteran’s services, extension, library and administration) by processing payroll and vendor payments for those performing essential services and programs to residents. The Clerk’s office also processes budget transfers for other constitutional offices such as the Sheriff’s Department and Tax Collector, transfers the operational subsidy for the hospital and ambulance service and distributes MSBU proceeds to the local fire departments.   Our finance department is here to support the efforts of other critical agencies.

The Clerk’s office has continued to record Official Records documents which are vital to our public sector, especially to those who may be trying to get their ownership paperwork in order.  We continue to offer services to our customers seeking injunctions for protection, dissolutions of marriage, and other civil proceedings, not including foreclosure and evictions which have been put on hold.  We continue to file criminal arrest cases and traffic cases as these things have not stopped, and we must be present for video court sessions.  We attend all county commission meetings and prepare the minutes.  Just in March, we had two regular meetings and four special meetings.  Our staff is continually answering telephone calls, and although many of those calls are not related to our tasks, we try to assist everyone and point them in the right direction because we are here to help.

Recognizing that the COVID-19 environment is unique, all employees are encouraged to take leave time if they feel sick, wear masks if they desire, practice social distancing and to wash and sanitize their hands and office spaces frequently.

The Franklin County Clerk of Court continues to limit in-person, non-essential services to prevent the spread of coronavirus COVID-19, but we are still seeing customers in person.  It’s not easy to balance social distancing and helping our citizens with their needs; however, we are getting the job done.

The Clerk will still serve customers by phone at 850- 653-8861 and online.  Many of the services provided are available online as well as Forms. Visit www.franklinclerk.com and look for Coronavirus/COVID-19/Clerk’s Office Status and then select Office Status Page and look at the Update 3/20/2020 information for important links to online services.

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UPDATE 04/08/2020 REGARDING COURT SESSIONS

UPDATE RELATIVE TO COURT SCHEDULED ON MAY 7TH FOR COUNTY CRIMINAL CASES

COUNTY COURT SCHEDULED WITH JUDGE SHULER ON MAY 7TH HAS BEEN CANCELLED AND RESET FOR JUNE 4TH AT THIS TIME.   IF YOU WERE NOTICED TO APPEAR, AND IF YOU HAVE AN ATTORNEY REPRESENTING YOU, PLEASE CONTACT YOUR ATTORNEY TO DETERMINE ANY ACTION YOU SHOULD TAKE.  THE FOLLOWING IS A LIST OF ATTORNEYS AND TELEPHONE NUMBERS THAT MAY BE HELPFUL:

Courtenay Miller, Assistant Public Defender: 850-653-9506
Craig Brown: 850-580-1529
Katelyn Crosson: 850-767-3330
Donna Duncan: 850-653-8976
Baya Harrison: 850-997-5554
Lucas Lanasa: 850-296-2047
Robert Morris: 850-792-1111
Robin Myers: 850-559-9750
Ethan Way: 850-412-0142
Jessica Yeary: 850-997-8181

IF YOU ARE NOT REPRESENTED BY A LAWYER AND HAVE QUESTIONS, YOU MAY CALL THE CLERK’S OFFICE STAFF REGARDING CASES SET FOR MAY 7TH.  CALL BETTY SASNETT AT 850-653-8861, EXT 108 OR LISA ZINGARELLI AT 850-653-8861 EXT 185.

The Franklin County Clerk of Court continues to limit in-person, non-essential services to prevent the spread of coronavirus COVID-19.

The Clerk will still serve customers by phone at 850-653-8861 and online. Many of the services provided are available online as well as Forms. Visit www.franklinclerk.com and look for Coronavirus/COVID-19/Clerk’s Office Status and then select Office Status Page and look at the Update 3/20/2020 information for important links to online services.

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UPDATE 04/07/2020 REGARDING COURT SESSIONS

UPDATE RELATIVE TO COURT SCHEDULED ON APRIL 13 AND 14 FOR FELONY CASES AND JUVENILE DELINQUENCY CASES

HEARINGS WILL BE CONDUCTED REMOTELY BY TELEPHONE.  IF YOU WERE NOTICED TO APPEAR, AND IF YOU HAVE AN ATTORNEY REPRESENTING YOU, PLEASE CONTACT YOUR ATTORNEY TO DETERMINE ANY ACTION YOU SHOULD TAKE.  THE FOLLOWING IS A LIST OF ATTORNEYS AND TELEPHONE NUMBERS THAT MAY BE HELPFUL:

Courtenay Miller, Assistant Public Defender: 850-653-9506
Joseph C. Bodiford: 850-222-4529
Craig Brown: 850-580-1529
Katelyn Crosson: 850-767-3330
Jonathan Dingus: 850-218-8108
Stephen Dodson III: 850-425-7500
Donna Duncan: 850-653-8976
John Eagen: 850-894-1859
Baya Harrison: 850-997-5554
James P. Judkins: 850-224-9115
Stephen Knight: 850-513-3151
Lucas Lanasa: 850-296-2047
Robert Morris: 850-792-1111
Robin Myers: 850-559-9750
Luke Newman: 850-224-4444
Ethan Way: 850-412-0142
Jessica Yeary: 850-997-8181

The Franklin County Clerk of Court continues to limit in-person, non-essential services to prevent the spread of coronavirus COVID-19.

Clerk employees are still working to support Franklin County and the Second Judicial Circuit.  Clerks will continue to serve customers in person who have essential business with the courts, as outlined in Administrative Order 2020-03, including:

• Injunctions of cases of domestic violence, repeat violence, sexual violence, and stalking
• Petitions for Risk Protection Orders
• Baker or Marchman Act proceedings

The Clerk will still serve customers by phone at 850-653-8861 and online.  Many of the services provided are available online as well as Forms. Visit www.franklinclerk.com and look for Coronavirus/COVID-19/Clerk’s Office Status and then select Office Status Page and look at the Update 3/20/2020 information for important links to online services.

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UPDATE 03/24/2020

The Franklin County Clerk of Court continues to suspend in-person, non-essential services to prevent the spread of coronavirus COVID-19.

Clerk employees will still be working to support Franklin County and the Second Judicial Circuit.  Clerks will continue to serve customers in person who have essential business with the courts, as outlined in Administrative Order 2020-03, including:

• Injunctions of cases of domestic violence, repeat violence, sexual violence, and stalking
• Petitions for Risk Protection Orders
• Baker or Marchman Act proceedings

Marriage licenses will be issued, and people are encouraged to call 850-653-8861, ext. 102 or 109, to make an appointment.  Couples must come into the office with required proof of identification and must complete the marriage license application.  The application form can be printed out, completed, and brought into the office which will save time. Go to the Clerk’s website select Records, Select Marriage and print the form or access marriage information here.

The office shall continue to accept and record documents in the Official Records.  The Clerk strongly encourages the use of e-recording, and there are two companies that perform that service for the office. Go to the Clerk’s website, click on the blue box that says “eRecording” to see the contact information for the vendors or access eRecoding information here.

The Clerk will still serve customers by phone at 850-653-8861 and online. Many of the services provided are available online as well as Forms. Visit our site and look for Coronavirus/COVID-19/Clerk’s Office Status and then select Office Status Page and look at the Update 3/20/2020 information for important links to online services.

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UPDATE 03/20/2020

The Franklin County Clerk of the Circuit Court and Comptroller is working with our judicial and government partners to closely monitor the situation and take necessary steps to deal with the spread of COVID-19.  Although the clerk’s offices will remain open for normal business hours, persons who do not have essential business in court facilities are requested to refrain from coming into the courthouse buildings and to conduct their business online.

We will continue working diligently to provide you options and access to services you need.  Should this event require any changes to our daily operations, we will post news on our website when possible.  Our telephone number is 850-653-8861 (Mon-Fri, 8:00 AM -5:00 PM).

Online Services

You can conduct business with our office online by visiting our website.

• Pay a traffic ticket (or through the main website, select the blue box that says Traffic Citations)
• Pay a Compliance Citation (or through the main website, select the blue box that says Compliance Citations)
• Pay court costs and fines (or through the main website, select the blue box that says Court Payments)
• Electronically record mortgages, deeds, and other official records (or through the main website, select the blue box that says eRecording)
• File court documents (or through the main website, select the blue box that says E-File)
• Search court and official records (or through the main website, select the blue box that says Records Search)
• Forms (or through the main website, select Filing & Forms on the menu bar at the top of the screen).

Court

For individual cases here in Franklin County, you can click on the search court records at the Clerk’s website. If you are represented by an attorney, stay in contact with your attorney.  If you don’t have an attorney, you can call our office to check on court dates at 850-653-8861.  You can also get text or email regarding calendar events by registering for e-notify here.  For court updates, visit the Second Judicial Circuit’s website.

Jury Duty

At this time, all Franklin County jury selection proceedings are suspended through March 31, 2020.

Downloadable Forms

Most forms below are in PDF format and can be viewed and printed using the Adobe Acrobat Reader version 4.0 or higher. The downloadable Acrobat Reader software is available at NO CHARGE from the Adobe Systems website.

Circuit Civil Forms

1. Acceptance and Waiver of Service
2. Motion for Change of Venue and Transfer of File
3. Civil Cover Sheet & Instructions
4. Final Disposition Form & Instructions
5. Form A

Probate Forms

1. Disposition of Personal Property without Administration
2. Disposition of Personal Property Waiver and Consent
3. Statement of Claim
4. Affidavit of Heirs

Civil Traffic

1. Affidavit of Defense
2. Election to Attend Driver Improvement Course
3. Nolo Contender Plea
4. Criminal/Non-Criminal/Traffic Partial Payment Agreement

Child Support

1. Supplemental Petition for Modification of Child Support
2. Motion to Appear Telephonically

Criminal Court

1. FDLE Seal & Expunge Forms, FAQs & Instructions
2. Felony Expunge Packet
3. Felony Seal Packet
4. Misdemeanor & Criminal Traffic Expunge Packet
5. Misdemeanor & Criminal Traffic Seal Packet
6. Criminal/Non-Criminal/Traffic Partial Payment Agreement
7. Application of Payment Extension of Fine & Court Costs
8. Defendant’s Pro Se Motion/Request for Modification or Early Termination of Probation

County Civil, Small Claims, Evictions

1. Satisfaction of Judgment
2. Statement of Claim
3. Statement of Counter Claim
4. Statement of Claim Replevin
5. Three Day Notice
6. Seven Day Notice without Cure
7. Tenant Seven Day Notice to Landlord
8. Notice to Vacate
9. Five Day Notice Evicting Mobile Home from Lot
10. Seven Day Notice with Cure
11. Complaint for Eviction (Only Non-Payment of Rent – Not seeking past due rent)
12. Complaint (for tenant eviction and money judgment)
13. Tenant Eviction Complaint Other Than Non Payment of Rent
14. Complaint for Eviction (filed by agent of landlord)
15. Notice of Intention to Impose Claim or Security Deposit
16. Statement of Claim – Security Deposit Refund
17. Declaratory Judgment Forms
18. Owner’s Authorization for Property Manager to Prosecute

Family Law

1. Putative Father Claim of Paternity
2. Cover Sheet for Family Court Cases & Florida Family Law Rules of Procedure Form
3. Final Disposition Form & Instructions

Indigent Determination

1. Application for Determination of Civil Indigent Status
2. Application for Criminal Indigent Status

Official Record Forms

1. Declaration of Domicile and Citizenship
2. Request For Social Security Number, or Bank Account/Charge/Debit Card Number Removal from Public Records
3. Request for Redaction from Non-Judicial Records
4. Request to Release Redacted Information on Recorded Documents
5. Veteran’s Discharge Removal from Official Record
6. Request for removal of DD-214(Military Discharge Certificates) from the web
7. Claim of Lien
8. Warranty Deed
9. Quit Claim Deed
10. Notice of Contest of Lien

Marriage License Forms

1. Application for Marriage License
2. Required Premarital Statement
3. Affirmation Of Common Children
4. Family Law Handbook

Value Adjustment Board

1. Uniform Policies and Procedures Manual
2. 2023 Sunshine Manual
3. Forms

Other

1. Registration Agreement to View Records Online
2. Employment Application
3. Notice of Confidential Information

Click here for State of Florida forms.

Provided below are answers to questions asked by the public regarding the constitutional and statutory duties, responsibilities, and services of Clerk of Circuit Court.

Child Support
Q: I received a delinquency notice saying I am behind on my child support payments.  I know I am up-to-date. Why has this happened and what do I do now?
A: In order for a Notice of Delinquency to be issued, the depository records of the Clerk of the Court must reflect that a payment is more than 15 days late. If you feel the Notice of Delinquency was issued in error, there are several things you can do.

You are stating that you know you are up-to-date, so the first thing you should do is call the depository, state that you received a Notice of Delinquency and you do not agree with the records. The depository clerk will access your case and review the records with you over the phone, if possible. Some cases are too involved for a phone review and you may be asked to bring your records or pay stubs, if your support is taken directly out of your paycheck, into the office for a more in depth review.  There are a number of reasons why the depository records may not coincide with yours. These are just a few of the reasons:

1. You have made payments directly to the custodial parent after the court ordered payments through the depository. Direct payments can be considered a gift and you may not be given the credit.
2. You did not realize that you were responsible for making the payments until your employer started the deductions. Your employer has two weeks from the time they receive the court order until they have to start the deductions. That also applies when you change jobs. You must make the payments until your new employer starts deducting it from your check.
3. There may be a change in circumstances that the depository is not aware of, such as a change in custody or the emancipation of a child. Always make the depository aware of any new court orders that affect your support payments.
4. A payment has been remitted to the State Disbursement Unit but it is not posted on the depository records. Under these conditions the depository will request that the State Disbursement Unit research the payment. The Notice of Delinquency will be put on hold until the research has been completed.  If speaking with the depository has not resolved the issue, you can contest the Notice of Delinquency and have a hearing before the judge assigned to your case. Some Clerk’s offices offer a pleading packet for a small fee for your convenience.
   Please keep in mind that your motion to contest must be filed within 20 days of the date of the Notice of Delinquency. If it is not filed and your case still reflects a delinquent balance, a Judgment by Operation of Law will be entered into the public records.

Financial Services
Q: I am often asked what my duties are as County Auditor in relation to the Board of County Commissioners and my constituency.
A: The basic duties of the Clerk, as County Auditor, are to see that sound accounting practices are being followed, that internal controls over the county’s assets are adequate, and that the Board’s budgetary policies are being met. All warrants (checks) drawn on county depositories must be signed by the Chairman of the Board of County Commissioners, attested by the Clerk, and affixed with the county seal. The Clerk is personally responsible for ensuring that every expenditure of funds is legal in every respect. Where this becomes more important is in the expenditure of funds designated for specific purposes, such as proceeds from bond issues, grants, and tax revenues for specific programs.

For example,
Franklin County collects an extra penny on the dollar sales tax for health care. These expenditures often involve vague areas that may not be clearly defined by statute or agreement. It is the role of the clerk to interpret these documents objectively and then evaluate the appropriateness of the expenditure. In this capacity, the Clerk may not always be in agreement with the County Executive or the Board. Nevertheless, it is the Clerk’s responsibility. While the appropriation of funds in the budget process and actions of the Board constitute the legal basis for expenditures, they do not supersede general law, as specified in the Florida Statutes, or legal agreements relating to grants, bonds, special taxes, etc. In short, as the watchdog of county funds, the Clerk is personally liable for the legitimacy and accuracy of your county’s expenditures.

Q: My elderly widowed aunt is having difficulty making daily decisions on her health care and finances. As I am the closest living relative, what can I do to protect her?
A: The Clerk’s office has noticed in the last few years a trend toward estate planning, setting up trusts, living wills and declarations of health care surrogates, etc.  In the absence of estate planning, when a friend, physician, or relative has a concern that someone may take advantage of a person, they should consult a Florida Bar attorney familiar with the guardianship process. The attorney will decide if filing a petition to determine the loved one’s capacity and a petition to appoint a guardian with the court in the venue where they reside is in the best interest of the relative. The court appoints an examining committee and an attorney to represent the alleged incapacitated person at a hearing. As always, the Clerk’s office is available to explain the procedural aspects of the guardianship process in the event you are considering this option.

Jurors
Q: My husband received a summons for jury duty. He is an independent building contractor, and if he isn’t around, the work doesn’t always get done properly or in a timely manner. What are acceptable reasons for dismissal from serving on the jury?
A: The criteria for exclusion from jury include:

1. Being under prosecution for any crime.
2. Having convictions in Florida, federal court, or any other state, territory, or county, of bribery, forgery, perjury, larceny or any other
3. Holding public office as Governor, Lieutenant Governor, a Cabinet officer, Clerk of Court, or judge.

If none of these apply to your husband, there are other conditions which allow exemption from jury service if requested:

1. Expectant mothers or parents who are not employed full-time and have custody of a child under the age of 6.
2. Persons employed as full-time federal, state, or local law enforcement officers, or investigative personnel for these entities.
3. Practicing attorneys or physicians, or persons who are physically infirm.
4. Persons who have served as jurors in the county within the past 12 months.
5. Persons who are 70 years of age or older.
6. Persons who are responsible for the care of those who, because of mental illness or retardation, senility, or physical or mental incapacity, are incapable of caring for themselves.

None of these conditions applying, the judge does have discretion to excuse persons for reason of hardship or inconvenience. However, such excusals are carefully reviewed, and are not granted automatically. Please contact your clerk’s office for instruction on excusal.

Marriage/Divorce
Q: Is there a waiting period in the state of Florida for getting married after a couple applies for a marriage license? Are blood tests required, and do you have to apply in the county you live in? Can a minor apply for a license?
A: Yes and no. There is normally a 3-day waiting period as of January 1, 1999. However, if both parties have taken a 4-hour premarital preparation course given by a minister or counselor registered with the Clerk of the Circuit Court, the waiting period is waived, and the license fee is reduced.

• If only one applicant took the course, the waiting period is still required.
• If neither applicant is a Florida resident, the waiting period is not required.
• If one applicant is not a Florida resident, and the other is a Florida resident and has taken the premarital course, the waiting period is still required.
• Blood tests have not been required since this test was abolished October 1, 1986.
• A marriage license may be applied for and solemnized in any Florida county.
• Minors, who under oath, swear that they are parents or expectant parents of a child may apply. In addition, the pregnancy must be verified by a written statement from a licensed physician.
• A previously married minor may also apply.
• A person age 16 or 17 may apply with the consent of both parents or guardian, unless the parents are divorced and only one parent has full custody.

Q: My husband and I have mutually agreed on a divorce. We have heard the State of Florida has something called a “Simplified Divorce.” What is it and would we be eligible?
A: Simplified Divorce is a fast, easy and inexpensive procedure for ending a marriage for eligible couples.
To be eligible:

• Both must agree that the marriage cannot be saved.
• Both must agree on how to divide property and debts.
• There must be no minor children of the marriage, and the wife cannot be pregnant.
• At least one of you must have been a resident of Florida for the past six months.

Both parties must come to the Clerk of Circuit Court’s office with picture ID’s, and fill out a Petition for Simplified Dissolution of Marriage. Forms are available in the Clerk’s office. An attorney is not required, but if either of you has any legal questions, consulting an attorney prior to filing is advised.  A hearing to finalize the divorce will be scheduled as soon as possible after a 20 day waiting period. Both parties must appear at the hearing. The final judgment is then taken by both parties to the Circuit Civil Division of the Clerk’s office.

Public Records
Q: I am interested in finding out the history of a parcel of land I am thinking about purchasing. How can I get this information?
A: You can research the history of any property at the office of the Clerk of the Circuit Court.  The act of recording public documents is one that the Clerk has performed since given the duty in the State Constitution of 1832. This includes keeping records of land transactions. A common question we all may have asked at some point when buying property is, “what are recording charges?”  Every county in every state across the nation has property records detailing the transfer of lands. Each time a land transaction takes place it is “recorded” in the Official Records of the county in which the property is located. This method provides public notice so that anyone who looks in the county’s Official Records can see who owns, or has an interest in, a property. Your mortgage company or bank wants to make sure that others know that it has loaned you money to buy that piece of property.  In most counties you can trace the ownership of property back to the early 1900’s. Prior to that, record of certain lands could be difficult to find as not all counties had the boundaries they now have. For instance, Orange County was once called Mosquito County and encompassed parts of other counties, such as Seminole.  The recording fees paid at closing go to the Clerk’s Office to pay the statutory fees for officially recording the transfer of your newly sold or purchased property and those fees pay for the systems the Clerks use to provide the required public notice of who owns which piece of property. Your transaction then resides in the Official Records and provides a link in history for anyone who comes after you.

Q: I am interested in bidding on a piece of foreclosed property that is being auctioned by the Clerk’s office. What do I need to do? Also, how can I get a list of properties being auctioned?
A: You may obtain a list of properties to be auctioned due to foreclosure in person at the Clerk of Court’s office, Civil Department. That list may also be accessed on the Internet in many counties. You should come to the Clerk’s office on the day of the sale and register with the Clerk. Chapter 45, Florida Statutes, requires that a bidder other than the judgment holder must present a good faith deposit of 5% of your projected bid in cash or cashier’s check in order to confirm a bid. You may contact the Civil Division of the Clerk’s office for a written policy regarding foreclosure sales.

Q: I hear the county is considering rezoning some property close to my neighborhood. I would like to attend the County Commission meeting when this matter gets discussed. How can I find out the Commission’s agenda?
A: It is the duty of the Clerk’s office to provide public notice of the County Commission’s agenda. The Clerk is also responsible for taking and recording the minutes of the County Commission meetings. In larger counties which have an Administrator, he or she may be the one to handle this duty.  In smaller counties, the Clerk may attend the meetings and act as secretary. At the meetings, the Clerk or Administrator also handles speaker requests cards, and receives documents that need to go into the records.  Varying from county to county, this information may be accessed on a website, if available in your county, in a local paper, on a local TV station, or directly from the Clerk’s office.  Contact your local Clerk’s office if you want to know the best way to get information about your Board of County Commissioner meetings.

Q: Ten years ago I received a judgment against someone who owed me money, and a lien for that amount was placed on their house. They recently sold their house, but my lien was not on record. What gives?
A: When your judgment lien was recorded in the Official Records of your county, it remained on the record for a period of 7 years. At the end of those 7 years, a certified copy of your judgment needed to be re-recorded, along with an affidavit containing your current address. Each time you recorded your judgment it was for a period of 7 years, and could have been re-recorded every 7 years up to 20 years. The re-recording would have to be done within the 90-day period immediately preceding the expiration of the lien.  If your lien was still current and a title search was done on the property prior to the sale, the title company would locate the lien information, verify that the lien was valid and notify the seller. The sale could not have taken place until your lien was satisfied. Because your lien was not re-recorded, your lien was not considered to be valid. As a result, you were not notified and sent the money due you.  Beginning July 1, 2001, the effective time period will be extended from 7 to 10 years before a judgment must be re-recorded. The total effective period will still be no longer than 20 years. Any judgment recorded prior to July 1, 1987 will not be affected by this change.

Q: I have some legal issues and cannot afford an attorney. I have heard that there are some forms that I can use to file a court proceeding that I fill out myself. How do I get these forms and how can I make sure I fill them out properly?
A: There are over 80 different self-help, or pro se, legal forms available relating to the following categories:

• Dissolution of Marriage
• Miscellaneous Petition
• Injunction for Protection
• Service and Notice
• Documents Requesting Information From Opposing Party
• Child Support
• Miscellaneous Motions and Documents
• Stepparent Adoption
• Landlord and Tenant
• Miscellaneous
• Residential Leases

Some of these forms are also available on the Internet at: www.flcourts.org at the Self Help Center. Additionally, on this website is a listing of the entities that provide legal aid for people who cannot afford an attorney. If you need help filling out the forms or finding a phone number for the nearest legal assistance office, call the Clerk’s Office and ask where assistance is available.

Traffic/Boating
Q: My teen-aged daughter received a ticket from a Florida Game & Freshwater Fish Commission law enforcement officer for careless operation of a jet ski and for not wearing her life jacket. How does she take care of this?
A: Boating violations are being treated more and more like traffic violations. Your daughter must go to the office of the Clerk of Court in the county where the infraction occurred. If the body of water on which she received the citation straddles two counties, check the ticket to see which county she was cited in. Generally, a simple boating infraction results in a civil penalty of $50 plus applicable court costs. The Clerk of Court will tell you exactly how much to pay. Currently, a boating violation must be paid within 10 days of the date on the citation. As with a traffic ticket, if you choose to go to court and contest the ticket, you waive your right to be limited to the civil penalty and can be assessed a fine of up to $500. Anyone receiving two or more boating infractions within a 12-month period may be required to attend a boating safety course.

Q: My nephew from South Carolina recently got a speeding ticket in Apalachicola. He has lost the ticket and doesn’t know how to take care of it. 
A: It is always distressing to get a traffic ticket when traveling, but the Clerk of Court’s office can help. When a ticket is issued, a copy is sent to the Clerk within several days. Please have your nephew call the Clerk of Court’s office in Franklin County. The Traffic Division can tell him the amount, the method of payment, and how quickly it must be paid to prevent him from incurring further penalties.  It is important to pay out-of-state tickets, as they will show up on your driver license record.

Q: I ran a stop sign the other day and went to pay the ticket at the Clerk’s office. I was curious about where traffic ticket money ends up.
A: The money from traffic infractions is used in a variety of ways. The majority of the dollars and cents stays in the city or county where the ticket is written. The rest of the fine money is distributed to the state for general revenue and a variety of state trust funds and programs, such as: Emergency Medical Services, Brain and Spinal Cord Rehabilitation, Florida Endowment, Child Welfare Training, Juvenile Justice, foster care citizen review panels, Nongame Wildlife studies and state criminal justice programs. The Clerk of Court only retains a half of one percent.  The percentage of money received from traffic tickets to be applied to each of the various funds is established by the Legislature, and it is the statutory responsibility of the Clerk of Court to see that the monies are properly distributed.

As Clerk of the Circuit and County Court

1. Attend each session of court
2. File indictments, information and verdicts
3. Process all civil and criminal cases
4. Prepare appellate records
5. Oversee jury management
6. Collect and disburse fines, court costs, forfeitures, fees, and service charges.
7. Conduct mortgage foreclosure sales
8. Maintain custody of all evidence and exhibits entered by the court
9. Assist in completing paperwork required to file a small claims action
10. Maintain custody of all court records
11. Issue Process
12. Maintain court registry
13. Audit guardianship reports
14. Audit child support payments

As Recorder of Deeds

1. Record and index deeds, mortgages, and descriptions of all county property
2. Process tax deed applications and conduct sales
3. Record public defender liens and judgments entered by the court, record tax liens and claims against an estate, instruments of conveyance, agreements, contracts, maps and plats of subdivisions and surveys
4. Maintain a public records index
5. Collect and disburse intangible taxes
6. Collect and disburse documentary stamp monies

As Clerk to the Board of County Commissioners

1. Attend meetings of the Board of County Commissioners.
2. Produce, record, index and distribute the official minutes of these meetings
3. Maintain legal custody of the Official County Seal
4. Maintain custody of all county resolutions, ordinances, and contracts
5. Process appeals for Value Adjustment Board
6. Attestation

As Accountant and Custodian of County Funds

1. Provide accounting services to all departments under the Board of County Commissioners
2. Provide an accounting system for all fiscal changes implemented by the Board
3. Handle investments of available county funds
4. Provide financial reporting to the Board and all federal and state agencies
5. Process accounts payable
6. Process the county payroll

As County Auditor

1. Pre-audit all county expenditures before payment
2. Review proposed contracts before adoption
3. Conduct internal post audits to determine if financial controls in place are sufficient
4. Prepare reports suggesting improvements to management

Other Duties of the Clerk

1. Process marriage license applications
2. Compile and provide statistical data for state agencies and the judiciary
3. Maintain records storage facilities
4. Process passport applications.