“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.

  • 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

  • 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

  • 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

  • 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

  • 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

  • Issue and record marriage license applications
  • Compile and provide statistical data for state agencies and the judiciary
  • Maintain records storage facilities
  • Process passport applications
  • Issue home solicitation permits

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