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 jurisdictions, 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.
Clerk of the Circuit and County Court Duties
Attend Court hearings and trials
File indictments, information, and verdicts
Process all civil and criminal cases
Prepare appellate records
Jury management
Collect and disburse 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
Recorder of Deeds Duties
Record and index deeds, mortgages, and descriptions of all county property
Process tax deed applications and conduct sales
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
Maintain a public records library
Collect and disburse intangible taxes
Collect and disburse documentary stamp monies
Clerk to the Board of County Commissioners Duties
Attend meetings of the Board of County Commissioners and committees of the board
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
Process appeals for Value Adjustment Board
Attestation
Accountant and Custodian of County Funds Duties
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
Process the county payroll
County Auditor Duties
Pre-audit all County expenditures before payment
Review proposed contracts before adoption
Conduct internal post-audits to determine if financial controls are sufficient
Prepare reports suggesting improvements to management
Other Duties of the Clerk
Issue and record marriage license applications
Compile and provide statistical data for state agencies and the judiciary
