New Clerk Academy

Tallahassee, Florida

OVERVIEW

Offical Records, Marriage, and Other Clerk Respnosibilities

Objectives

Learn the Role of the ClerkRequired Statutory ResponsibilitiesNot Required ResponsibilitiesIndependent Function

Get to know the playersPrivate SectorPublic Sector

Custodian of the Record

Clerk as Custodian of the Record

28.13 To keep papers.—The clerk of the circuit court shall keep all papers filed in the clerk’s office with the utmost care and security, arranged in appropriate files (endorsing upon each the time when the same was filed), and shall not permit any attorney or other person to take papers once filed out of the office of the clerk without leave of the court, except as is hereinafter provided by law.

Why Documents Are Recorded

To provide public notice and accessAct as independent 3rd partyNo vested interest in transactionNot a guarantee of accuracy or validity

Offical Records vs. Public Records

“Official records” means each instrument that the clerk of the circuit court is required or authorized to record in one general series called “Official Records” as provided for in s. 28.222.

“Public records” has the same meaning as in s. 119.011 and includes each official record.

Every Official Record is a Public Record but not all Public Records are Official Records

Clerk as Recorder

28.222 Clerk to be county recorder.—

(1) The clerk of the circuit court shall be the recorder of all instruments that he or she may be required or authorized by law to record in the county where he or she is clerk.(2) The clerk of the circuit court shall record all instruments in one general series called “Official Records.” He or she shall keep a register in which he or she shall enter at the time of filing the filing number of each instrument filed for record, the date and hour of filing, the kind of instrument, and the names of the parties to the instrument. The clerk shall maintain a general alphabetical index, direct and inverse, of all instruments filed for record. The register of Official Records must be available at each office where official records may be filed.

Role of the Elected Clerk

One of your many jobs is RecorderThat means to record documents

Your name is on the documents (check to make sure)

To Maintail the record in accordance with statutory requirementsTo ensure physical securityTo provide appropriate access

Documents to be Recorded

Agreements Assignments Assignment of Judgment Cancellations or Satisfactions of Mortgages and Liens Certified Copies of Court Documents Certificate of Discharge Certificate of Separation of Service Death Certificates Declaration of Domicile Deeds Easements Financing Statements Judgments Leases Mortgages Notice of action pending in a US Court having jurisdiction in this state Notice of Claims of Lien Notice of Commencements Notices of Levy Notices of Liens for taxes Notice of Lis Pendens Powers of Attorney relating to any of the instruments Releases Releases of Judgments Satisfactions of Judgment Tax executions and other instruments relating to the ownership, transfer, or encumbrance of or claims against real or personal property, or any interest therein Tax Warrants Any other instruments required or authorized by law

Official Record Funding

A funding source for your officeBUT it’s an unpredictable revenue streamIf we could accurately predict what will be coming in the door for recording…Study indicators: news reports, mortgage activity, economic trends

Technology has Changed Process

Historically, documents were recorded and microfilmed and index was in OR BooksAll Clerks now image documents upon receipt and maintain electronic indexState wide repository of Official RecordsElectronic Filings of Court RecordsElectronic Filings of non Court Records

Some Difficult Decisions

Your office returned a document that could/should have been recordedThe document you recorded should have been recorded in a different countyA claim of lien was not recorded timelyYou only indexed 2 names and the submitter wants 4 names indexedThe document “set” has an affidavit with a contract for sale attachedThere’s no notary on the deed

Issues to Consider

When do you refuse to record? Are you the recording police or just the Custodian?Do you Notarize documents?Money Issues

ConterfeitEscrow AccountsWorking with Local GovernmentsChecks from out of CountryBounced Checks

Organizational Structure

Integrated into other operations or stand alone functionCross TrainingLocation to Maximize Customer ServiceRecording from Court Technology

Standardizing Indexing

FCCC list of 35 types (from 11/2000) for use when document images availableList created before laws changed in 2002How many is enough? Too many?If/when you change a type, do you change the historical data base? Why or why not?

Digitizing Images

Law says from at least 1990How far back are you now?Plans to go back further?

Convenience for customersStaff availability

Timelines & costs for conversion of film to imagesAccessibility of film issues

EquipmentConfidentiality

Redaction

(5)(a) No county recorder or clerk of the court may place an image or copy of a public record, including an official record, on a publicly available Internet website for general public display if that image or copy is of a military discharge; death certificate; or a court file, record, or paper relating to matters or cases governed by the Florida Rules of Family Law, the Florida Rules of Juvenile Procedure, or the Florida Probate Rules.(b) Any records specified in this subsection made available by the county recorder or clerk of the court on a publicly available Internet website for general public display prior to June 5, 2002, must be removed if the affected party identifies the record and requests that it be removed. Such request must be in writing and delivered by mail, facsimile, or electronic transmission, or in person to the county recorder or clerk of the court. The request must specify the identification page number of the document to be removed. No fee may be charged for the removal of a document pursuant to such request.(c) …notice of the right of any affected party to request removal of records pursuant to this subsection shall be conspicuously and clearly displayed by the county recorder or clerk of the court on the publicly available Internet website on which images or copies of the county’s public records are placed and in the office of each county recorder or clerk of the court. ….the county recorder or the clerk of the court must have published, on two separate dates, a notice of such right in a newspaper of general circulation in the county where the county recorder’s office is located as provided for in chapter 50. Such notice must contain appropriate instructions for making the removal request in person, by mail, by facsimile, or by electronic transmission. The notice shall state, in substantially similar form, that any person has a right to request that a county recorder or clerk of the court remove an image or copy of a public record, including an official record, from a publicly available Internet website if that image or copy is of a military discharge; death certificate; or a court file, record, or paper relating to matters or cases governed by the Florida Rules of Family Law, the Florida Rules of Juvenile Procedure, or the Florida Probate Rules. Such request must be made in writing and delivered by mail, facsimile, or electronic transmission, or in person to the county recorder or clerk of the court. The request must identify the document identification page number of the document to be removed. No fee will be charged for the removal of a document pursuant to such request.(d) Any affected person may petition the circuit court for an order directing compliance with this subsection.(e) By January 1, 2006, each county recorder or clerk of the court shall provide for electronic retrieval, at a minimum, of images of documents referenced as the index required to be maintained on the county’s official records website by this section.

Get to Know your Partners

Partners and PlayersLegislature: Uniform Real Property Electronic Recording Act (URPERA)Department of State Records Retention OfficeProperty Records Industry Association (PRIA) Title Companies, Banks, Surveyors, etcAttorneysCourtsProperty Appraisers and Tax Collectors

Marriage

Roles of ClerkIssue Marriage LicensesPerform Ceremonies 25% of all Marriages in Leon County are done in CourthouseAccept executed Marriage LicenseMaintain License of Pre Marital License ProvidersCollect and Distribute Fees in accordance with FS 741 Record it in Offical RecordsTransmit it to State Vital Records

Marriage License Requirements

Must Come in Person to Clerks OfficeProvide Drivers License or other Government IDProvide Social Security Number or Immigration numberSign Affidavit that they have read the Family Law HandbookMust be 18 years or older, can be waived by judge if they are expectant or have been previously married

Marriage Requirements (con’t)

16 but less than 18 by either party it requires Parental consent.If one Parent has sole custody than only one person needs to provide permission.Under 16 only judge can authorize them being married.Must be of opposite sex with ID identifying gender.

Process

Three day waiting periodWaiting period can be waived if both parties are from out of stateWaiting period can be waived if both parties have attended four hours of Marriage Counseling from registered provider

Process (con’t)

License is good for 60 daysMarriage License must be returned within 10 days of the ceremony.Marriage license fee reduced by $32.50 for taking Pre marital Counseling.

Conducting Marriages

Can be on site or off siteCan be done by any Deputy Clerk either on Clerk time or after hours$30.00 fee for conducting CeremonySome Clerks have created a chapel in CourthouseThe ceremony is not dictated by law.

Passports

Not a required Service. You decide whether you want to offer this serviceClerk can accept applications. Passports issued for Federal GovernmentRequired for International TravelNot required for travel to US territories including Puerto Rico, Guam, US Virgin IslandsIs required to travel to Canada

Requirements

A current valid driver's license, military identification, government identification, or previous U.S. Passport will serve as identification. Social Security cards are NOT acceptable for identification. Certified copy of birth record. The birth record must be certified by the state in which the birth took place. A raised or embossed seal must be affixed to the birth record. Children under age 14 require both parents' signatures. Click here to link to the U.S. Department of State's Explanation and Requirements. Proof of citizenship If you were born outside of the United States, a Naturalization Certificate or Certificate of Citizenship is required. Social Security Number A social security number is required for all passport applications regardless of the age of the applicant. Two passport photos Two recent identical passport photos, 2" x 2". are required. Photographs can be taken at the s Office. Office hours are 8:30 a.m. to 5:00 p.m. M-F. Cost of the 2 photographs required is $10.00. There are also private photographic studios in Tallahassee that can provide this service.

Requirements (con’t)

You must apply in personYou need to allow 60 days prior to your travel to get your passportFor additional Fee, Passports can be expedited

Why do I want to Issue Passports

Public ServiceGood Public RelationsCan be integrated into your other non court functions.Generates Reveues that you control.

Other Responsibilities

Clerks are an intregal part of County GovernmentClerks and Judges were responsible for running Counties in the 1840’sOver time, Clerks and the Board of County Commissioners have agreed to the Clerk accepting other responsibilities and compensating the Clerk for these responsibilities

What are some of these Responsibilities?

Some Clerk are the County AdministratorSome Clerk prepares the County BudgetOther Responsibilities

Print shopRecords manager for entire county governmentProviding delivery services for all County offices

Key Points to Take Away

Know your Role and ResponsibilityThe role of the Clerk is in the Constitution and the StatutesEach county is unique and has unique operationsYour function is more than just being Clerk to the Court and CFO of your county

Notes

ReferencesTHE FLORIDA ELECTRONIC RECORDING ADVISORY COMMITTEE REPORT Prepared Pursuant to 695.27, F.S., 2007Clerk of Court Statutes Chapter 28Number: AGO 92-77,Date: October 30, 1992, Subject: Recording facsimile documents in the official records (example)Clerk WebEx Training on Records RetentionRECORDS BEST PRACTICES on FLCLERKS.COMTax Deed Best Practices revised (10/2011)Records Management Webinar August 30, 2011 (PowerPoint)Disaster Preparedness

Best Practices Disaster PreparednessDisaster PreparednessRecords Management Disaster Plans

Bulk Media Sales Pricing Guidelines (Sept 2008)Best Practice on Foreign Judgments (new 11/10/10)Best Practices Redaction Requests Procedure (10/2011)Best Practices Request for Redaction Form (10/2011)Best Practices Exemptions from Public Records Chart (10/2011)Final Report and Recommendations on Indexing Names and Parties to Documents Being Recorded in the Official Records of Florida (Feb 2010)