Duties of the Clerk of the Circuit Court/Comptroller

Duties of the Clerk of the Circuit Court/Comptroller “Preserving the Public Trust” John A. Crawford Nassau County, Florida March 19, 2012

History of Clerks In Florida • The need for clerks arose when judges required assistance with administration of the courts. • Provisional Governor Andrew Jackson appointed a county clerk before he appointed a presiding judge (1821). • Florida’s first Constitution (1838) established the clerk as an elected official.

Article VIII, Sec. 1 (d) Florida Constitution • “…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”

Clerk/Comptroller Fiscal Mission Investment and Protection of Public Funds Enforce Statutory Fiscal Compliance Assure Transparency, Accountability Influence Good Fiscal Results Keep Taxpayers Informed

Clerk of the CircuitCourt • Summons jurors • Holds money in dispute (court registry) • Collects and disburses court fines/fees • Conducts all Judicial sales • Maintains the progress dockets • Authenticates, certifies, and seals documents • Custodian of evidence

Clerk of the County Court Clerk performs the same duties for county court as for circuit court. The difference: • County Court – disputes $15,000 or less, misdemeanors, traffic, and landlord tenant actions • The Circuit Court – higher level disputes: family, adoptions, divorces, criminal felony

County Auditor The Clerk performs audit functions both as an arm of the BOCC and as a “watchdog” for the citizens. The clerk helps ensure the legality of expenditures, • Funds are spent for a “public purpose,” • Funds are spent in conformity with county purchasing procedures or statutory bidding procedures, • An expenditure does not overspend any account or fund of the budget.

If the expenditure does not meet the statutory legal test, the clerk must withhold payment. A Clerk who signs illegal warrants bears personal and criminal liability for such acts. §129.09, Fla. Stat.

Treasurer The clerk of the Court under Art. V, Sec. 16, Fl Const., functions as county “ auditor and custodian of all county funds.” Thus the Clerk has all duties that comprise the treasury function . These include: • Receiving and depositing all funds of the county • (Sec. 136.03 F.S.) • 2. Investing excess county funds (Sec. 28.33,F.S.) • 3. Giving reports to the Board. • 4. Keeping an accurate and complete set of books • (Sec. 136.05, F.S.)

Liability for failure to perform duties PENALTY Criminal (§775.082) and Personal (§28.243(1))Liability “ Upon accepting office, the Clerk . . . assumes responsibility for learning the proper manner in which the official duties of the office must be performed.” “Inexperience or ignorance is not justification for a Clerk, even a new one, to avoid responsibility for failure to perform the duties of the office.” * Clerk Digest at 1.2

CLERK AS CONSTITUTIONAL OFFICER • The clerk is an officer of the court and a public officer, but he is not a judicial officer, nor is he the court. • The Clerk of the Circuit Court belongs to the Judicial Branch (as distinguished from the Executive or Legislative). But, as an elected County Constitutional Officer, the Clerk has the authority, as auditor and custodian of all county funds, to serve the electorate as a check and balance to the Board of County Commissioners.

County Recorder Keeps Official Records Books • Deeds • Judgments • Claims • Satisfactions • Mortgages • Lis pendens • Plats

Unofficial Justice of the Peace • Issues Marriage Licenses • Performs Marriages

Chief Financial Officer • The clerk serves as the chief financial officer for the county. • Certifies the Annual Audit Report and Financial Statements. • Clerk Finance Department is the official reporting agency of all county funds to outside agencies.

“WATCHDOG” Preserving “The Public Trust” John A. Crawford FLORIDA SUPREME COURT Alachua v. Powers

Duties of the Clerk of the Circuit Court/Comptroller