Notaries and the County Clerk of The Court Office - PUBLIC TRUSTEE

While the position as a Notary Public, in the State of Florida, is an appointed position under the Governor of the Great State of Florida, and mainly supervised by the Secretary of State, we work closely in many ways with the County Clerks of the Circuit Courts.  This includes the mortgage signings many of us do, marriages, and other various documents which are recorded by the Clerk's Office.  So I though it would be a great idea to educate you on some of their many functions.  I will only address my local Charlotte County Clerk's office, but many clerks offices throughout Florida, and even the country should have a lot of similar functions.  Obviously since laws will vary from county to county as well as state to state, they will not all be the same, but it is a very interesting office with a lot of great services that many people do not realize!

DID YOU KNOW...

The Clerk of the Circuit Court is a public trustee, and had their position established by the Florida Constitution in 1838.

Why a Public Trustee?

The concept of checks and balances is one of the major political doctrines, which form the very foundation of the American system of government.

Provisions of the Florida Constitutions, which have governed the people for over 150 years, established the Clerk of the Circuit Court as an elected public trustee and set in place at the county level a system of "checks and balances" which has been proven to serve the public well.

The Role as Public Trustee is Evidenced as Follows:

County Government

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    • Accountant and auditor for the Board of County Commissioners.
    • Collector and distributor of statutory assessments.
    • Guardian of the public records, public funds, and public property.

Courts

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    • Ensures that the court's orders, judgments or directives are carried out within the parameters allowed by law.
    • Maintains the court's records.
    • Collects and disburses the court fines, fees and assessments.
    • Collects and disburses court ordered child support and alimony payments.

State Government

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    • Collects and disburses documentary stamps and intangible taxes for the Department of Revenue.
    • Collects and disburses numerous fees and assessments for the benefit of State Trust Funds.
    • Provides informational, financial and statistical data to the State Legislature, Supreme Court, Florida Department of Law Enforcement, Auditor General, Department of Health and Rehabilitative Services, and other State agencies.

Citizens' Protection

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    • As custodian of County funds, the Clerk ensures that the taxpayer's money is managed according to law.
    • Provides internal audits of county government.
    • Provides access to public records.
    • Audits reports of guardians in guardianship cases.
    • Provides assistance to citizens in accessing the courts.
    • Processes and maintains court documents to ensure that litigant's court cases are handled in a timely manner.

Accountability as a Public Trustee

The office of the Clerk is a complex organization that performs a wide range of record keeping, information management and financial management in the judicial system and county government. 

In a 1985 study conducted by the Joint Select Committee on Judicial Personnel of the Legislature, it was calculated that the Clerk's office performs 926 different constitutional and statutory functions or duties. Current calculations reflect an increase to approximately 1,000 functions.

With the magnitude of the impact the Clerk's duties have on the peoples' rights and property, it is essential that the Clerk be accountable for his/her actions.

Thus, the constitution and statutes decree that the Clerk be governed by statutory authority in carrying out the duties and functions of the office.

As auditor and custodian of all county funds, the Clerk be subject to State Auditor General rules and regulations.  The Clerk be subject to annual audits by an independent audit firm.

Most Important...

Accountability is further derived by the Clerk's duties and actions being constantly subjected to public evaluation and scrutiny through the election process every four (4) years.

THE CONSTITUTION OF THE STATE OF FLORIDA

"A public office is a public trust. The people have the right to secure and sustain that trust." Article I, Section 8 "There shall be in each county a Clerk of the Circuit Court who shall be selected pursuant to the provisions of Article VIII, Section I." Article V, Section 16

"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 I(d)

And here is the contact information for the Clerk's Office:

http://www.co.charlotte.fl.us

Justice Center:

350 E. Marion Avenue

Punta Gorda, FL 33950

Murdock:

18500 Murdock Circle

Port Charlotte, FL 33948

Englewood:

4318 North Access Road

Englewood, FL 34224

Phone: 941-637-2199

Fax: 941-505-4749

Citizens Dispute

941-637-2281

Law Library

350 East Marion Ave., 1st Floor, Buidling A, Punta Gorda, FL

Charlotte County Sheriff's Department

http://www.ccso.org

941-639-2101

Florida Department of Agriculture and Consumer Services

http://www.doacs.state.fl.us

800-435-7352

The Florida Bar Referral Service

http://www.floridabar.org

800-342-8011

Charlotte 2-1-1

26571 Airport Rd, Punta Gorda, FL 33982

941-205-2161

Florida Online Sunshine

Official Internet Site of the Florida Legislature

http://www.leg.state.fl.us

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Browse The Rain for a qualified and Certified Notary Signing Agent in your area.