Transcript New Clerk Academy Tallahassee, Florida Offical Records, Marriage, and Other Clerk Respnosibilities OVERVIEW.

New Clerk Academy
Tallahassee, Florida
Offical Records, Marriage, and Other Clerk
Respnosibilities
OVERVIEW
Objectives
Learn the Role of the Clerk
Required Statutory Responsibilities
Not Required Responsibilities
Independent Function
Get to know the players
Private Sector
Public 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 access
Act as independent 3rd party
No vested interest in transaction
Not 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 Recorder
That means to record documents
Your name is on the documents (check to make
sure)
To Maintail the record in accordance with
statutory requirements
To ensure physical security
To 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 office
BUT it’s an unpredictable revenue stream
If 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 Books
All Clerks now image documents upon
receipt and maintain electronic index
State wide repository of Official Records
Electronic Filings of Court Records
Electronic Filings of non Court Records
Some Difficult Decisions
Your office returned a document that
could/should have been recorded
The document you recorded should have
been recorded in a different county
A claim of lien was not recorded timely
You only indexed 2 names and the submitter
wants 4 names indexed
The document “set” has an affidavit with a
contract for sale attached
There’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
Conterfeit
Escrow Accounts
Working with Local Governments
Checks from out of Country
Bounced Checks
Organizational Structure
Integrated into other operations or stand
alone function
Cross Training
Location to Maximize Customer Service
Recording from Court
Technology
Standardizing Indexing
FCCC list of 35 types (from 11/2000) for use
when document images available
List created before laws changed in 2002
How 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 1990
How far back are you now?
Plans to go back further?
Convenience for customers
Staff availability
Timelines & costs for conversion of film to images
Accessibility of film issues
Equipment
Confidentiality
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 Players
Legislature: Uniform Real Property Electronic
Recording Act (URPERA)
Department of State Records Retention Office
Property Records Industry Association (PRIA)
Title Companies, Banks, Surveyors, etc
Attorneys
Courts
Property Appraisers and Tax Collectors
Marriage
Roles of Clerk
Issue Marriage Licenses
Perform Ceremonies
25% of all Marriages in Leon County are done in
Courthouse
Accept executed Marriage License
Maintain License of Pre Marital License Providers
Collect and Distribute Fees in accordance with FS
741
Record it in Offical Records
Transmit it to State Vital Records
Marriage License Requirements
Must Come in Person to Clerks Office
Provide Drivers License or other Government ID
Provide Social Security Number or Immigration
number
Sign Affidavit that they have read the Family
Law Handbook
Must 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 period
Waiting period can be waived if both parties
are from out of state
Waiting 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 days
Marriage 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 site
Can be done by any Deputy Clerk either on
Clerk time or after hours
$30.00 fee for conducting Ceremony
Some Clerks have created a chapel in
Courthouse
The ceremony is not dictated by law.
Passports
Not a required Service. You decide whether
you want to offer this service
Clerk can accept applications. Passports
issued for Federal Government
Required for International Travel
Not required for travel to US territories
including Puerto Rico, Guam, US Virgin
Islands
Is 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 person
You need to allow 60 days prior to your travel
to get your passport
For additional Fee, Passports can be
expedited
Why do I want to Issue Passports
Public Service
Good Public Relations
Can be integrated into your other non court
functions.
Generates Reveues that you control.
Other Responsibilities
Clerks are an intregal part of County
Government
Clerks and Judges were responsible for
running Counties in the 1840’s
Over 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 Administrator
Some Clerk prepares the County Budget
Other Responsibilities
Print shop
Records manager for entire county government
Providing delivery services for all County offices
Key Points to Take Away
Know your Role and Responsibility
The role of the Clerk is in the Constitution
and the Statutes
Each county is unique and has unique
operations
Your function is more than just being Clerk to
the Court and CFO of your county
Notes
References
THE FLORIDA ELECTRONIC RECORDING ADVISORY COMMITTEE REPORT
Prepared Pursuant to 695.27, F.S., 2007
Clerk of Court Statutes Chapter 28
Number: AGO 92-77,Date: October 30, 1992, Subject: Recording facsimile
documents in the official records (example)
Clerk WebEx Training on Records Retention
RECORDS BEST PRACTICES on FLCLERKS.COM
Tax Deed Best Practices revised (10/2011)
Records Management Webinar August 30, 2011 (PowerPoint)
Disaster Preparedness
Best Practices Disaster Preparedness
Disaster Preparedness
Records 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)