Provided below are answers to questions asked by the public regarding the constitutional and statutory duties, responsibilities, and services of the Clerk of Circuit Court.
Q: I received a delinquency notice saying I am behind on my child support payments. I know I am up-to-date. Why has this happened and what do I do now?
A: In order for a Notice of Delinquency to be issued, the depository records of the Clerk of the Court must reflect that a payment is more than 15 days late. If you feel the Notice of Delinquency was issued in error, there are several things you can do.
You are stating that you know you are up-to-date, so the first thing you should do is call the depository, state that you received a Notice of Delinquency and you do not agree with the records. The depository clerk will access your case and review the records with you over the phone, if possible. Some cases are too involved for a phone review and you may be asked to bring your records or pay stubs, if your support is taken directly out of your paycheck, into the office for a more in depth review. There are a number of reasons why the depository records may not coincide with yours. These are just a few of the reasons:
- You have made payments directly to the custodial parent after the court ordered payments through the depository. Direct payments can be considered a gift and you may not be given the credit.
- You did not realize that you were responsible for making the payments until your employer started the deductions. Your employer has two weeks from the time they receive the court order until they have to start the deductions. That also applies when you change jobs. You must make the payments until your new employer starts deducting it from your check.
- There may be a change in circumstances that the depository is not aware of, such as a change in custody or the emancipation of a child. Always make the depository aware of any new court orders that affect your support payments.
- A payment has been remitted to the State Disbursement Unit but it is not posted on the depository records. Under these conditions the depository will request that the State Disbursement Unit research the payment. The Notice of Delinquency will be put on hold until the research has been completed. If speaking with the depository has not resolved the issue, you can contest the Notice of Delinquency and have a hearing before the judge assigned to your case. Some Clerk’s offices offer a pleading packet for a small fee for your convenience.
Please keep in mind that your motion to contest must be filed within 20 days of the date of the Notice of Delinquency. If it is not filed and your case still reflects a delinquent balance, a Judgment by Operation of Law will be entered into the public records.
Q: I am often asked what my duties are as County Auditor in relation to the Board of County Commissioners and my constituency.
A: The basic duties of the Clerk, as County Auditor, are to see that sound accounting practices are being followed, that internal controls over the county’s assets are adequate, and that the Board’s budgetary policies are being met. All warrants (checks) drawn on county depositories must be signed by the Chairman of the Board of County Commissioners and the Clerk.
Q: My husband received a summons for jury duty. He is an independent building contractor, and if he isn’t around, the work doesn’t always get done properly or in a timely manner. What are acceptable reasons for dismissal from serving on the jury?
A: The criteria for exclusion from jury include:
- Expectant mother
- Parent not employed full time with children under 6 years of age
- Persons 70 years of age or over
- Persons who have served as a juror in Holmes County within 1 year
- Persons employed as full-time federal, state or local law enforcement officers that are bonded with arresting powers
- Convicted felons whose civil rights have not been restored
- Under prosecution for any crime
- no longer reside in Holmes County
None of these conditions applying, the judge does have discretion to excuse persons for reason of hardship or inconvenience. However, such excusals are carefully reviewed, and are not granted automatically.
Q: Is there a waiting period in the State of Florida for getting married after a couple applies for a Marriage License? Are blood tests required, and do you have to apply in the County you live in? Can a minor apply for a license?
A: Yes and no. There is normally a 3-day waiting period as of January 1, 1999. However, if both parties have taken a 4-hour premarital preparation course given by a minister or counselor registered with the Clerk of the Circuit Court, the waiting period is waived and the license fee is reduced.
- If only one applicant took the course, the waiting period is still required.
- If neither applicant is a Florida resident, the waiting period is not required.
- If one applicant is not a Florida resident, and the other is a Florida resident and has taken the premarital course, the waiting period is still required.
- Blood tests have not been required since this test was abolished October 1, 1986.
- A marriage license may be applied for and solemnized in any Florida county.
- Minors, who under oath, swear that they are parents or expectant parents of a child may apply. In addition, the pregnancy must be verified by a written statement from a licensed physician.
- A previously married minor may also apply.
- A person age 16 or 17 may apply with the consent of both parents or guardian, unless the parents are divorced and only one parent has full custody.
Q: My husband and I have mutually agreed on a divorce. We have heard the State of Florida has something called a “Simplified Divorce.” What is it and would we be eligible?
A: Simplified Divorce is a fast, easy and inexpensive procedure for ending a marriage for eligible couples. To be eligible:
- Both must agree that the marriage cannot be saved.
- Both must agree on how to divide property and debts.
- There must be no minor children of the marriage, and the wife cannot be pregnant.
- At least one of you must have been a resident of Florida for the past six months.
Both parties must come to the Clerk of Circuit Court’s office with picture ID’s, and fill out a Petition for Simplified Dissolution of Marriage. Forms are available in the Clerk’s office. An attorney is not required, but if either of you has any legal questions, consulting an attorney prior to filing is advised. A hearing to finalize the divorce will be scheduled as soon as possible after a 20 day waiting period. Both parties must appear at the hearing. The final judgment is then taken by both parties to the Circuit Civil Division of the Clerk’s office.
Q: I am interested in bidding on a piece of foreclosed property that is being auctioned by the Clerk’s office. What do I need to do? Also, how can I get a list of properties being auctioned?
A: You should come to the Clerk’s office on the day of the sale and register with the Clerk. Chapter 45, Florida Statutes, requires that a bidder other than the judgment holder must present a good faith deposit of 5% of your projected bid in cash or cashier’s check in order to confirm a bid. You may contact the Civil Division of the Clerk’s office for information regarding scheduled foreclosure sales.
Q: Ten years ago I received a judgment against someone who owed me money, and a lien for that amount was placed on their house. They recently sold their house, but my lien was not on record. What gives?
A: When your judgment lien was recorded in the Official Records of your county, it remained on the record for a period of 7 years. At the end of those 7 years, a certified copy of your judgment needed to be re-recorded, along with an affidavit containing your current address. Each time you recorded your judgment it was for a period of 7 years, and could have been re-recorded every 7 years up to 20 years. The re-recording would have to be done within the 90-day period immediately preceding the expiration of the lien. If your lien was still current and a title search was done on the property prior to the sale, the title company would locate the lien information, verify that the lien was valid and notify the seller. The sale could not have taken place until your lien was satisfied. Because your lien was not re-recorded, your lien was not considered to be valid. As a result, you were not notified and sent the money due you. Beginning July 1, 2001, the effective time period was extended from 7 to 10 years before a judgment must be re-recorded. The total effective period will still be no longer than 20 years. Any judgment recorded prior to July 1, 1987 will not be affected by this change.
Q: I have some legal issues and cannot afford an attorney. I have heard that there are some forms that I can use to file a court proceeding that I fill out myself. How do I get these forms and how can I make sure I fill them out properly?
A: There are over 80 different self-help, or pro se, legal forms available relating to the following categories:
- Dissolution of Marriage
- Miscellaneous Petition
- Injunction for Protection
- Service and Notice
- Documents Requesting Information From Opposing Party
- Child Support
- Miscellaneous Motions and Documents
- Stepparent Adoption
- Landlord and Tenant
- Residential Leases
Some of these forms are also available on the Internet at:www.flcourts.org at the Self Help Center. Additionally, on this website is a listing of the entities that provide legal aid for people who cannot afford an attorney. If you need help filling out the forms or finding a phone number for the nearest legal assistance office, call the Clerk’s Office and ask where assistance is available.
Q: What are the requirements for obtaining a Passport?
A: Passports are good for a period of ten (10 ) years for persons age 16 and older. Five (5) years for persons 15 and under. All passports will be mailed from the passport agency to the address listed on the passport application. Allow 4 – 6 weeks for return. You must submit proof of departure and submit an additional $35.00 fee plus the express mail fee.
First time passport applicants must submit the following:
- Two (2) passport photos taken within the last 6 months.
- A certified copy of birth certificate from the state of birth with a raised, embossed or stamped seal affixed thereon or a previously issued passport. Original naturalization certificates are required for naturalized citizens. Photocopies are not accepted by the passport agency. If you do not have a proper birth certificate, forms for requesting birth records can be obtained from the Clerk’s Office.
- Driver License for identification is required and you must appear in person to process your application.
- Minors must be accompanied by a parent or legal guardian.
- A cashier’s check, local personal check, credit/debit card or money order made payable to Holmes County Clerk for $25.00.
Renewal applications require the following:
- You can renew if: your passport was issued less than 12 years ago.
- You were at least 16 years old when your most recent passport was issued.
- You can submit your most recent passport.
- You use the same name as on your most recent passport or can submit proper documentation to reflect your name change (e.g., court order or copy of marriage license.) If you cannot comply with the above, you must follow the first time passport requirements:
- Two (2) passport photos taken within 6 months.
- Your old passport (most recent).
- A completed application that you can obtain from the Clerk’s Office.
Q: My nephew from South Carolina recently got a speeding ticket in Bonifay. He has lost the ticket and doesn’t know how to take care of it.
A: It is always distressing to get a traffic ticket when traveling, but the Clerk of Court’s office can help. When a ticket is issued, a copy is sent to the Clerk within several days. Please have your nephew call the Clerk of Court’s office in Holmes County. The Traffic Division can tell him the amount, the method of payment, and how quickly it must be paid to prevent him from incurring further penalties. It is important to pay out-of-state tickets, as they will show up on your driver license record.
Q: I ran a stop sign the other day and went to pay the ticket at the Clerk’s office. I was curious about where traffic ticket money ends up.
A: The money from traffic infractions is used in a variety of ways. The majority of the dollars and cents stays in the city or county where the ticket is written. The rest of the fine money is distributed to the state for general revenue and a variety of state trust funds and programs, such as: Emergency Medical Services, Brain and Spinal Cord Rehabilitation, Florida Endowment, Child Welfare Training, Juvenile Justice, foster care citizen review panels, Nongame Wildlife studies and state criminal justice programs. The Clerk of Court only retains a half of one percent. The percentage of money received from traffic tickets to be applied to each of the various funds is established by the Legislature, and it is the statutory responsibility of the Clerk of Court to see that the monies are properly distributed.