| CRIMINAL |
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| HOW CAN I CHANGE MY COURT DATE? |
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If your court date has been set, the Clerk’s Office cannot change it. If there is a problem with your date, you or your attorney should contact the Office of the Judge of the 20th Judicial Circuit assigned to your case and/or file the appropriate "Motion". |
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| HOW CAN I FIND OUT ABOUT A CASE? |
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You may obtain information by accessing Public Records at CollierClerk.com or by calling the Criminal Department at (239) 252-2646.
Due to the confidential nature of cases involving juveniles, information cannot be provided over the telephone. |
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| HOW CAN I PRESS CRIMINAL CHARGES AGAINST SOMEONE? |
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The Collier County State Attorney's Office has authority to press criminal charges. Call the Office of the State Attorney at (239) 252-8470.
The Clerk of Court does not have the authority to file criminal charges. |
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| HOW DO I PAY RESTITUTION? |
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Be sure to read your "Restitution Order", which will list the provisions regarding restitution payments. If you are on probation or community control, contact your Probation or Community Control Officer for payment instructions. Call County Probation at (239) 252-8135 or State Probation (239) 417-6300.
If you are not on probation or community control and were ordered to make restitution payments to the Clerk of Court you can make them in person or by mail.
Please indicate what the payment is for ("restitution"), include your name and complete case number. Pay by Money Order, personal check (no two party checks), or bank draft only. Please add an additional charge for each disbursement. Do not send cash. |
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| WHAT IF I CAN’T PAY MY FINE OR RESTITUTION, OR MY PAYMENT IS LATE? |
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If you have difficulty paying your fine or restitution and you are on probation or community control, contact your Probation or Community Control Officer:
Call County Probation (239) 252-8135 or State Probation (239) 417-6300.
Failure to do so could result in a "Bench Warrant" being issued for your arrest, and/or suspension of your driving privileges.
Note: The Clerk’s Office cannot set-aside or recall a "Bench Warrant". Only the Courts have this authority.
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| HOW WILL I KNOW WHEN TO COME TO COURT? |
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If you have “bonded out” of jail or have been released by a Judge, you were notified at the time of your release of an upcoming court date. You will be notified of any change in this date by U.S. mail. All notices will be sent to the address that you provided when you were arrested. |
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| Note: If your mailing address has changed, you must provide your new address in person or by mail to the Criminal Department. |
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| If I HAVE MOVED, WHAT DO I NEED TO DO? |
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It is the defendant’s responsibility to keep the Clerk’s Office informed of their correct address.
If your mailing address has changed, you must provide your new address in person or by mail to the Criminal Department. |
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| HOW CAN I SEAL or EXPUNGE CRIMINAL RECORDS? |
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There are very strict criteria for sealing or expunging court records. For example, all fines and court costs must be paid before a case can be sealed or expunged.
To obtain a free packet with detailed instructions click here.
A Judge must grant the motion. If the motion is granted you must pay a fee to the Clerk’s Office so that those records will be sealed or expunged.
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| CAN I TAKE CARE OF MY COURT CASE WITHOUT APPEARING IN COURT? |
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If you were charged with any of the following crimes and you can show proof that the license/permit/registration/tag was valid at the time the citation was issued, your case will be dismissed for a fee. |
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320.07 (3)(c) |
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Expired Registration of more than 6 months |
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320.131 (3) |
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Temporary Tag Violation |
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322.03 (3) |
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No Valid Drivers License |
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322.03 (4) |
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No Motorcycle License |
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322.34 (2)(a) |
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Drive While License Suspended/Revoked (only if suspension or revocation was due to failure to appear, failure to pay, or failure to complete school) |
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327.395 |
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Operate without Boater Safety ID Card |
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328.46 |
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Vessel Registration Violation |
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328.48 |
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Vessel Registration Violation (not including 328.48 (4)) |
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328.72 (13) |
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Expired registration Vessel |
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327.57 (1) |
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No License, Permit or Authorization Number |
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372.57 (3) |
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Fail to Possess License/Permit/Authorization Number |
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372.5712 |
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No Management Area Stamp |
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372.5712 (1) |
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Hunting without a Waterfowl Stamp |
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If you do not have a CDL license and you were charged with any of the following violations and you can show proof that you have renewed your license or registration, you can enter a plea of “no contest” with the Clerk.
You can use this option one (1) time in a 12 month period and up to three (3) times in your life time. This option can be exercised prior to your court date or at your arraignment. |
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The following offenses can be disposed of by signing an "Affidavit" and paying a fee for costs plus providing proof that you are now in compliance per Florida Statute (e.g. showing a valid driver’s license; a valid registration; and etc.). |
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Driving while license suspended or revoked because: |
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322.34 (2)(a) |
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Drive While License Suspended/Revoked (only if suspension or revocation was due to failure to appear, failure to pay, or failure to complete school) |
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322.03 |
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No valid driver’s license |
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320.07(3)(c) |
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Expired tag more than 6 months |
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322.03(5) |
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Expired driver’s license more than 4 months |
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322.03(4) |
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No motorcycle license |
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320.131 |
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Temporary Tag violation |
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| WHAT WILL HAPPEN IF I FAIL TO APPEAR IN COURT? |
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The Court may issue a "Bench Warrant" for your arrest and enter an "Order of Bond Estreature", causing you to forfeit the money and/or collateral you posted for the bond. Additional penalties could also be imposed by the Court including losing your driving license.
Note: The Clerk’s Office cannot set-aside or recall a "Bench Warrant". Only the Courts have this authority. |
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| HOW CAN I GET A "CRIMINAL RECORDS" SEARCH & LETTER? |
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A Collier County Criminal Records Search can be requested in person or by mail by contacting the Criminal Department. Payment for the record search must be received before the search is conducted. Check the fees for Criminal Records Search.
If the time period to be searched is not too extensive, and fewer than six (6) copies of the documents are requested, the service usually can be performed while the customer waits. If, however, the requested search time period is extensive and includes numerous documents, a one - two week time period is required.
Note: A complete Criminal Records Search and letter must be obtained from the Sheriff’s Office or FDLE. |
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| WHAT ABOUT BOATING, FISHING, COUNTY & MUNICIPAL ORDINANCE VIOLATIONS (Beach, Noise, Litter, etc.) CIVIL INFRACTIONS ? |
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These "Civil Infractions" are "payable" fines. You may pay the fine before your court date and not have to appear in court.
If you do not pay the fine before your scheduled court date, or you intend to contest the charge, you must appear in court at the designated time and place. |
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| HOW DO I REINSTATE MY DRIVER’S LICENSE ? |
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If your driving privileges have been suspended for non-compliance as a result of a violation or charge in Collier County, the Clerk’s Office can reinstate your drivers license providing the Collier County suspension is the only open suspension on your driver’s license record at the time. A reinstatement fee is required.
Department of Motor Vehicles (DMV) can also reinstate your license. |
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| WHAT IF I WANT AN ATTORNEY BUT CAN’T AFFORD ONE? |
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To fill out an application to qualify for the services of a public defender go to the Collier County Courthouse Annex Customer Service Center located on the 1st Floor of the Collier County Courthouse Annex Building .
By law, the Clerk’s Office cannot provide you with legal advice or recommend a particular attorney. |
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| I AM A WITNESS IN A CRIMINAL CASE HOW CAN I OBTAIN INFORMATION? |
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All questions regarding court appearances should be directed to the State Attorney or Public Defender. |
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| WHAT ARE THE CONSEQUENCES FOR TOBACCO POSSESSION UNDER THE AGE OF 18 YEARS? |
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On the first and second violations of this statute, a court appearance is not required if you meet the following conditions:
1st Violation – Before your scheduled court date, appear in person at the Criminal Division service counter and pay a fine or select to perform 16 hours community service plus take a tobacco awareness course.
2nd Violation – Before your scheduled court date, appear in person at Criminal Division service counter and pay a fine plus take a tobacco awareness course.
If you do not complete steps one or two above, you must appear in court on the scheduled date, time, and place.
3rd Violation requires a court appearance at the scheduled date, time, and place.
For a third or subsequent violation within 12 weeks of the first violation, the court must direct the Department of Highway Safety and Motor Vehicles to withhold issuance of, or suspend or revoke the person’s driver’s license or driving privilege. |
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| WHAT ABOUT CODE ENFORCEMENT CITATIONS ? |
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For Collier County Code violations contact: Community Development Code Enforcement Division 28 Horseshoe Drive North Naples, Florida 34104 Telephone (239) 403-2400. |
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| WHAT ARE MY PAYMENT OPTIONS? |
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Payment may be made to the Clerk of the Circuit Court by cash, personal check or money order (U.S. Funds only) by mail or in person. You may also make payment at a one of the Clerk’s Satellite Offices.
Be sure to include the citation number, case number, your return address, and telephone number to ensure the payment is posted correctly.
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| COLLECTIONS |
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| IS THE LETTER I RECEIVED FROM THE COLLECTIONS AGENCY LEGITIMATE OR IS THIS A SCAM? |
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No, it is not a scam.
Per Florida Statute 28.246(6), the Clerk of the Circuit Court of Collier County has hired two outside collections agencies that are registered and in good standing with the State of Florida to work on our behalf to collect outstanding monies owed to the courts. |
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| WILL THIS AFFECT MY CREDIT? |
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Possibly. In order to answer that question you will need to contact the Collections Agency named in the letter you have received in the mail.
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| WHAT ARE THE DIFFERENT WAYS I CAN MAKE PAYMENT TO THE COLLECTIONS AGENCY? |
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Payments can be made by telephone, online, or by mail directly with the Collections Agency identified in your letter.
Or you can pay your outstanding obligation in person to the collections agency representative at the Clerk's Office Customer Service Counter on the first floor of the Courthouse Annex. Please bring your letter with you so you are sure of the correct amount and agency. |
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| WHAT FORMS OF PAYMENT ARE ACCEPTABLE? |
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Payments can be made by using cash, check, money order or by using a debit/credit card. |
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| HOW DO I FIND OUT THE EXACT AMOUNT OWED? |
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To find out how much you owe click on the link below, read and accept the disclaimer, and then enter the party's name or case number to search Court Records. After identifying the correct court record, click on the case or citation number and then the "financials" tab to locate the amount owed.
To calculate the total amount, using the amount under "financials", add an additional 32% service charge, all must be paid directly to the Collections Agency.
http://www.collierclerk.com/RecordsSearch/CourtRecords
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| CAN I SET UP A PAYMENT PLAN? |
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Yes.
If your case was assigned to Linebarger, Goggan, Blair and Sampson, however, you must first arrange for payments directly with the agency. Later payments can then be made either in person at the Clerk of Courts Customer Service Counter on the first floor of the Courthouse Annex or directly with the agency.
If your case was assigned to Penn Credit, you can make arrangements by contacting them directly or talking to a collections representative at the Clerk's Office Customer Service Counter on the first floor of the Courthouse Annex. |
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| OFFICIAL RECORDS |
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| HOW CAN I GET A COPY OF MY DEED? |
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If you want a plain copy, you may print it from the website. If it must be a certified copy, send your request, including recording information and appropriate fees to the mailing address above. |
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| HOW CAN I GET A RECORD SEARCH COMPLETED? |
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Send a written request that includes what you are searching for and which years you would like the search to include. Include payment with the appropriate fees. |
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| RECORDING |
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| MAY I WRITE A CHECK FOR RECORDING FEES AND DOCUMENTARY STAMPS? |
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Yes. |
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| SHOULD I USE A QUIT CLAIM OR WARRANTY DEED TO TRANSFER MY PROPERTY? |
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You should consult an attorney as the Clerk of the Circuit Court’s staff cannot and will not provide legal advice. |
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| TAX DEEDS |
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| CAN MY PROPERTY BE SOLD FOR UNPAID TAXES? |
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YES. The Tax Deed properties are sold at a public auction to the highest bidder by the Clerks office |
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| WHO SELLS TAX CERTIFICATES? |
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The Tax Collector’s Office sells tax certificates (usually at the end of May and beginning of June) for properties with unpaid taxes from the previous year. |
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| DO I NEED TO PRE-REGISTER FOR THE TAX DEED SALE? |
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Yes. Immediately before the sale, bidders sign in the same way they want to take title and get a bidding card. |
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| WHAT HAPPENS TO PROPERTIES THAT DO NOT SELL AT THE TAX DEED SALE? |
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If there are no bids on a property at the sale, the property is deeded to the certificate holder. If the certificate holder is the County, the property goes onto the Lands Available List. Once the property is placed on the Lands Available List, the County has 90 days to purchase the property. After 90 days, anyone may purchase these properties. |
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| CAN I PREVENT MY PROPERTY FROM BEING SOLD AFTER TAX CERTIFICATES HAVE BEEN ISSUED? |
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YES. Any person may REDEEM the property by paying all delinquent taxes and accrued fees prior to the issuance of the tax deed. Full payment must be made to the Tax Collector. This is normally done by the owner of the property because redeeming the property by paying the taxes only cancels the sale. It does not make you the owner of the property. |
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| HOW DO I KNOW WHAT PROPERTIES ARE FOR SALE? |
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You may view the list of properties for sale (Upcoming Sales List) and (Lands Available List) along with sale dates on our website or in the Recording Department.
Notice of Tax Deed Sale for each property is published in the Naples Daily News once a week for four consecutive weeks. Notices are placed in the front section of the classified ads. |
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| WILL THE CLERK'S OFFICE TELL ME WHAT LIENS ARE ON A PROPERTY BEFORE I BUY IT? |
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The only information the Tax Deed Clerk has on properties is in the paper files, as provided by the Tax Collector’s Office. These files are available to the public before or after the sale.
Note: The opening bid is the total amount of all delinquent taxes, fees and interest accrued up until the time of the sale. This does not include any other liens, such as Special Assessments.
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| IF I WIN THE BID, HOW LONG WILL IT BE BEFORE I OWN THE PROPERTY? |
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The purchaser of the property is issued a Tax Deed as soon as the full payment has been made. Once the tax deed is issued, it can no longer be redeemed.
Note: We strongly recommend that anyone interested in tax deed sales read Florida Statutes, Chapter 197.
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| PASSPORTS |
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| WHAT IF I NEED MY PASSPORT IN THE SHORTEST AMOUNT OF TIME? |
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You can expedite the passport process by using special mailers and paying additional fees as described above, under EXPEDITE.
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| MARRIAGE LICENSES |
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| WHAT ARE THE REQUIREMENTS FOR BECOMING ORDAINED, SO A PERSON CAN OFFICIATE A MARRIAGE? |
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The Clerk’s office does not have anything to do with the ordainment process or determine the legality of an officiate. The officiate does not register with the Clerk’s office prior to solemnizing a marriage. For legal advice, please consult an attorney
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| CAN I GET MARRIED ANYWHERE IF WE GET AN APPLICATION FOR A MARRIAGE LICENSE IN COLLIER COUNTY? |
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Yes, anywhere in the state of Florida.
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| CAN WE USE A MARRIAGE LICENSE ISSUED IN ANOTHER STATE TO GET MARRIED IN THE STATE OF FLORIDA? |
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No. |
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| DO WE HAVE TO BE A RESIDENT OF COLLIER COUNTY TO APPLY FOR A MARRIAGE LICENSE? |
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No. |
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| DO WE NEED AN APPOINTMENT TO GET A MARRIAGE LICENSE? |
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No, but it is recommended that all marriage ceremonies be scheduled by appointment.
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| DO WE NEED BLOOD TEST TO GET A LICENSE? |
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No. |
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| SMALL CLAIMS |
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| WHAT IS A SMALL CLAIMS CASE? |
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A Small Claims case is a legal action filed in county court to settle minor legal disputes among parties where the dollar amount involved is $5,000.00 or less, excluding costs, interest and attorney fees.
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| DO I NEED A LAWYER? |
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No. Small Claims court is considered a "peoples court" and a lawyer is not required.
Clerk's Office personnel will provide necessary forms. for filing a Small Claims case, however, you may consult with an attorney if there are complex legal issues or questions.
The Clerk's Office does not provide legal advice.
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| WHO CAN FILE A SMALL CLAIMS CASE? |
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A Any person eighteen (18) years or older or any individual(s) doing business as a company.
A parent or guardian may file on behalf of a minor child.
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| WHAT IS THE COST OF FILING A SMALL CLAIMS CASE? |
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Filing fees are determined by Florida Statutes and vary in accordance with the dollar amount of the claim and type of action.
Other fees are required for service on the parties in the suit and are dependent on the type of service you select. Schedule of Service Charges are available
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| WHAT INFORMATION DO I NEED TO FILE A SMALL CLAIMS CASE? |
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You must file your claim against the right party so you must research the correct name of the individual, as it could make a difference in collecting a judgment in your favor.
A full explanation of your reason for the Small Claim will be necessary. It is suggested that you put the reason in writing and bring it with you to the Clerk's Office to initiate your Small Claim.
Copies of contracts, notes, leases, receipts or other evidence you have to support your claim must be furnished to each person named in the suit, as well as the court. Bring ALL originals to your first court appearance.
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| ARE THERE OTHER REQUIREMENTS? |
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When you sue someone, other than an individual, there is additional information required to complete the forms.
For example, if you are suing an individual doing business as a company; a partnership with several people doing business as a company; a corporation, or an insurance company? You must research the information carefully.
You may request assistance researching Corporations in the State of Florida by calling:
SECRETARY OF STATE Corporate Division Telephone (850) 488-9000
http://www.sunbiz.org/
You can check this site for Corporations and Fictitious Names.
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| WHAT HAPPENS AFTER I FILE MY SMALL CLAIMS CASE? |
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A First, The person or business must be served with a Summons to appear in court on a specific date and time.
The first court date is a pre-trial conference where you and the defendant will meet with a mediator and try to resolve the case.
If the dispute cannot be settled at the pre- trial conference, a trial date will be scheduled. You must appear at the trial with all witnesses and documentation of your claim.
At the trial you will explain your case to the judge, ask the person(s) you are suing questions concerning your claim, present your documentation and call on your witnesses to explain your case.
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| CAN I HAVE A JURY TRIAL ON MY SMALL CLAIMS CASE? |
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Yes, a trial by jury may be requested by the person(s)(plaintiff) filing the case by providing a written demand at the time the case is filed.
The person filed against [defendant] may request a jury trial within five days after being served of Notice or at the pre-trial conference.
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| WHAT HAPPENS IF A SETTLEMENT IS REACHED? |
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If, a settlement is reached between the parties at any time in the proceedings, the plaintiff must notify the Clerk of Court’s Office, in writing. |
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| HOW CAN I COLLECT MY JUDGMENT? |
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The court does not collect money damages for you. You may consult with an attorney for advice on how to collect your judgment. |
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| CAN I FILE A LIEN AGAINST THE DEFENDANT'S PROPERTY? |
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If you receive an award from a Judgment and you choose to place a Judgment Lien against any the defendant’s individually owned real property, you must send a written request to the Clerk of the Circuit Court to record a certified copy of your Judgment as a Judgment Lien.
Fees for recording the Judgment Lien are set by Florida Statutes and are subject to change. Refer to Fee for Transfer of Lien to Security
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| WHERE DO I FILE MY SMALL CLAIMS CASE? |
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A Small Claims case may be filed with the Civil Department at the Clerk of the Circuit Court. Evictions |
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| WHAT IS A RESIDENTIAL LANDLORD OR TENANT ACTION? |
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An action which applies to the rental of a non-commercial dwelling unit, filed by a landlord against a tenant or a tenant against a landlord on common disputes such as payment of rent, non-compliance or breach of a lease or rental agreement. |
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| WHO CAN FILE A RESIDENTIAL LANDLORD OR TENANT ACTION? |
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A landlord (the owner or leaser of a dwelling) OR a tenant (a person entitled to occupy a dwelling unit under a rental agreement) may file.
If you have a commercial, agricultural or personal property lease, you should consult an attorney for the proper procedures to resolve disputes.
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| DO I NEED AN ATTORNEY? |
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You may consult with an attorney or familiarize yourself with the procedures for enforcing your rights under your lease. |
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| WHAT DO I HAVE TO DO TO FILE A RESIDENTIAL LANDLORD/TENANT ACTION? |
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Before you file, proper written notice must first be given to the landlord or the tenant.
The notice form used will depend upon the landlord's or tenant's reason for terminating the lease.
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| WHERE CAN I GET COPIES OF THE DIFFERENT NOTICE FORMS REQUIRED? |
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The Clerk's Offices have notice forms designed for use in the event of common residential/ landlord disputes.
There are other notice forms a landlord will need to send to a tenant to terminate a lease and evict a tenant.
There are also other notice forms for tenants to use to give notice to the landlord to end the lease or withhold rent payments.
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| AFTER I GIVE PROPER WRITTEN NOTICE, WHAT NEXT? |
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To file a landlord action, you must file a petition to request the Clerk to issue a summons, which is then served by the Sheriff’s Office.
When you come to the Clerk’s Office you need the following documents:
One copy of the notice for the file
Two copies of the notice for each tenant named in the case
One copy of the notice for yourself
A copy of the lease for the file and two copies for each tenant named in the case
A legal size envelope, addressed to each tenant, with postage
Note: Filing fees are charged by the Clerk’s Office and a Service fee is charged by the Sheriff’s Office or service by publication.
There are different requirements for tenant actions.
You may wish to consult an attorney, the public library or law library for additional detailed information.
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| WHEN WILL I GO TO COURT? |
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The party that is served the summons will have a specific period of time to respond, depending upon the type of summons issued.
If a response is filed, or if monies are deposited with the court registry, you must contact the office of the Judge assigned, to schedule a court date. If no response is received, or no monies deposited with the court registry, you may file a Motion for Default with the Clerk's Office.
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| IF THE COURT ENTERS A DEFAULT, WHAT HAPPENS? |
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If the Court issues a final judgment of eviction against a party in default, you may the ask the Clerk to execute a Writ of Possession, if you expect to forcibly remove the tenant or tenant's possessions. |
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| IS THERE MORE INFORMATION AVAILABLE ON COLLECTING THE FINAL JUDGMENT? |
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The court does not collect money damages for you. You may consult with an attorney for advice on how to collect your judgment. |
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| WHAT IF I NEED MORE INFORMATION ABOUT FILING A RESIDENTIAL LANDLORD/TENANT ACTION? |
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A For more information, visit the public library, the law libraries at the Courthouse or read the Florida Statutes.
Supreme Court Approved forms and information are available in the Clerk's Office for individuals filing actions on their own behalf.
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| FORECLOSURE |
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| WHEN ARE FORECLOSURE AUCTIONS HELD FOR THE PUBLIC? |
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Sales for foreclosed properties may be held Monday through Friday at 11 am on the first floor of the Courthouse Annex of the Collier County Courthouse.
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| WHERE CAN A LIST OF FINAL JUDGEMENTS AND SALES OF FORECLOSED PROPERTIES BE VIEWED? |
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The list of final judgments and foreclosure sales are available online at http://www.collierclerk.com/CourtDivisions/Civil/Foreclosures.
What if I want to view a foreclosure case?
At this time, forclosure cases may be viewed by the public using the ShowCase system on the computer kiosks in the Clerk's Customer Service areas on the first and third floors of the Courthouse Annex, 3315 Tamiami Trail E., Naples, FL 34112. The office is open to the public from 8:00 AM to 5:00 PM, Monday through Friday.
Copies of court document images can be printed, from either location, at the cost of $1.00/page.
Note: The easiest way to view foreclosure sales by sales date and access the complete case files is by using the "calendar" feature in the ShowCase system.
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| WHEN AND WHERE ARE FORCLOSURE ANNOUNCEMENTS PUBLISHED? |
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The Foreclosure Department publishes a Notice of Sale for each case in a local newspaper circulated in Collier County (i.e. Naples Daily News, Business Observer) once a week for two consecutive weeks, at least 5 days prior to the sale.
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| HOW DO I FIND OUT THE PHYSICAL PROPERTY ADDRESS OF A FORECLOSED PROPERTY? |
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You must do your own research.
The Clerk's office uses only legal descriptions and case numbers in recording foreclosure cases. By using the legal description or case number you can often learn the owners name or the street address of the property by conducting a search of the Property Appraiser's website or by visiting their office. The Property Appraiser's records will also show improvements to the property, if any.
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| WHERE WOULD I FIND OUT IF TAXES ARE OWED ON A FORECLOSED PROPERTY OR IF THERE ARE ANY OUTSTANDING LIENS OR OTHER FINANCIAL OBLIGATIONS ON A PROPERTY? |
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You must do your own research.
The status of County Property Taxes can be checked at the Tax Collector's Office.
The Clerk's Office assumes no responsibility for any encumbrances (judgments, mortgages, taxes and other liens) on any property offered for sale and it is in your best interest to have a Title search done by an Attorney or Title Company. However, you may begin your search online at http://www.collierclerk.com/RecordsSearch/OfficialRecords or at the public kiosks available in the Clerk's Recording Department on the 2nd floor of the Courthouse Annex.
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| WHEN IS A NEW OWNER ABLE TO GAIN ACCESS TO A PROPERTY? |
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It is possible you will have to take legal action to get possession of a property. Until the court grants possession of the forclosed property, you may not have access to the property without permission of the owner. The Clerk's Office assumes no responsibility for the availability of any property offered for sale.
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| WHAT ARE THE TERMS AND CONDITIONS OF THE FORECLOSURE SALE? |
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Anyone bidding at the sale should be aware of the non-refundable deposit due at the time of the sale. The successful bidder is required to deposit 5% of their final bid. The deposit shall be applied to the sale price at the time of payment.
If final payment, plus the appropriate clerk's registry fees is not made by 10:30 a.m. the next day, the clerk shall re-advertise the sale as provided in Chapter 45.031 of the Florida Statutes and pay all costs of the sale from the deposit. Any remaining funds shall be applied toward the judgment. According to Chapter 28.24 Florida Statutes, the funds will be placed in the court registry.
Any payment into the Registry of the Court must be tendered in cash, cashier’s check or money order and must be accompanied by payment of the clerk's registry fee of 3% of the first $500.00 deposited and 1.50% of each subsequent $100.00. The successful bidder must have the deposit money with them at time of the sale.
The balance is due by 10:30 a.m. the next business day unless the final judgment states otherwise.
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| ALL MONEY PAID MUST BE IN CASH OR CASHIER'S CHECK (DRAWN ON A U.S. BANK ONLY, CHECK MUST BE MADE PAYABLE TO CLERK OF COURTS). |
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The purchaser of property will be issued a Certificate of Title. This title contains no warranties.
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| WHEN IS THE CERTIFICATE OF TITLE OFFICIALLY RECORDED? |
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The Certificate of Title will be recorded on the eleventh day after the sale. If the tenth day is a non-business day, the next business day will be treated as the tenth day. The defendant has ten days to object to the sale. If objections are filed, the Judge will rule at a hearing as to whether or not a Certificate of Title is to be issued. If the defendant files bankruptcy, the Clerk is stayed from issuing a Title or taking any action, pending further order of the Court.
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| AM I REQUIRED TO PAY DOCUMENTARY STAMPS ON THE SALE PRICE OF THE PROPERTY? |
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If you should purchase any foreclosure property, you will be required to pay a Documentary Stamp Tax pursuant to F S. Chapter 201. Pursuant to Florida Administrative Code 12B-4.013(3)(a) Documentary Stamp Tax is to be computed on the amount of consideration paid which is the highest and best bid received for the prpoperty at the foreclosure sale.
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| FOR LEGAL ADVICE, CONSULT AN ATTORNEY. |
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| DOMESTIC VIOLENCE |
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| What is Domestic Violence? |
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Domestic Violence includes any aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking or any criminal offense resulting in a physical injury or death of one of the family or household member by another who is or was residing in the same single dwelling unit. |
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| How Do I file a Petition for Injunction or Restraining Order? |
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An injunction is a court order, also referred to as a restraining order, that directs a person not to have contact with you.
The SAFE House, a local shelter, has a volunteer office in the Courthouse, and can be reached at 239-775-1101. Volunteers will assist in completing forms, providing counseling, and obtaining emergency shelter at the SAFE House.
Once the forms are completed, the Domestic Violence Department will file a petition for the judge to review. If the Court determines that you are in danger of being victimized, a deputy clerk will prepare a temporary injunction order for the judge to sign. It is possible that this can be accomplished on the same day you file your petition. A temporary injunction is valid for up to 15 days.
There is NO filing fee.
While the temporary injunction is in effect, a court hearing will be scheduled to determine if a permanent injunction should be entered against the person committing the acts of violence. The permanent injunction will remain in effect indefinitely, or until dissolved by the Court.
Any violations of the terms of the injunction should be reported, in person, Monday – Friday before 4pm, to the Domestic Violence Department located at:
Clerk of Courts Office, Collier County Courthouse Annex, 3rd Floor Collier County Courthouse
or
Immokalee Clerk of Courts Satellite Office 106 South First Street Immokalee, Florida 34142 Telephone: 239-657-2689.
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| WHERE CAN I FILE AN INJUNCTION for Protection Against Domestic Violence ? |
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A Petition for Injunction for Protection against Repeat Violence should be filed with Domestic Violence Office located :
Clerk of Courts Office, Collier County Courthouse Annex, 3rd Floor Collier County Courthouse
or
Immokalee Clerk of Courts Satellite Office 106 South First Street Immokalee, Florida 34142 Telephone: 239-657-2689.
Note: During weekends and holidays, assistance may be sought at the Collier County Sheriff's Office, located on 3301 Tamiami Trail East, Bldg. J, beginning at 8:00 a.m.
Dating Violence (La Violencia Contra las Mujeres)
Dating violence is when one person purposely causes physical or psychological harm to another person they are dating, including sexual assault, physical abuse, and psychological/emotional abuse.
It is a serious crime that occurs in casual and serious relationships, as well as heterosexual and same-sex relationships.
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| PROBATE |
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| WHAT IS PROBATE? |
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Probate is a legal process through which the assets of a deceased person are properly distributed to the heirs or beneficiaries. |
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| WHAT ARE PROBATE ASSETS? |
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Generally, probate assets are those assets in the decedent’s sole name at death or otherwise owned solely by the decedent and which contains no provision for automatic succession of ownership at death.
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| WHAT DOES ‘‘PROBATING A WILL" MEAN? |
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"Probating a will" means taking all the legal steps necessary to assure a will is valid and to admit the will to a probate process.
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| WHAT DOES "PROBATING AN ESTATE" MEAN? |
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Probate is a legal process provided for by Florida law which determines the value of a deceased person’s property and its distribution to heirs. Probate proceedings take place in the Circuit Court of the County where the deceased property owner lived or maintained their place or dwelling.
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| WHY IS PROBATE NECESSARY? |
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Probate is necessary to dispose of the affairs the decedent leaves behind. Florida has had probate laws since becoming a state in 1845. Florida law provides for all aspects of the probate process, but allows the decedent to make certain decisions by leaving a valid will. |
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| WHAT IS A WILL? |
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A will is a written directive controlling the disposition of property at death. The laws of each state set the formal requirements for a legal will. |
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| WHAT CAN BE ACCOMPLISHED BY A WILL? |
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You decide who gets your property instead of the law making the choice for you. |
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| WHEN AND WHERE DOES A WILL GET FILED? |
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Upon the death of a person, the custodian of the will must deposit the will with the Clerk of the Circuit Court within 10 days after receiving information that the person is deceased. The custodian must supply either the person’s date of death or the person’s social security number to the Clerk upon depositing the will. |
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| WHAT HAPPENS WHEN THERE IS NO WILL? |
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If you die without a will ("intestate" ), your real and personal property will be distributed according to a formula fixed by law. If you fail to make a will, the inheritance statue determines who gets your property. The inheritance statute contains a rigid formula and makes no exception for those in unusual need. |
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| MAY A PERSON DISPOSE OF THEIR PROPERTY ANYWAY HE OR SHE WISHES BY THE USE OF A WILL? |
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While any property may be transferred by a will, there are some particular interests in property which cannot be willed because the right of the owner terminated automatically upon his or her death, or others have been granted rights in the property by Florida law. |
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| HOW LONG DOES A WILL REMAIN IN EFFECT ? |
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A will stays in effect until such time that it is changed or revoked in the manner required by law. Changes in circumstances may make it advisable to rewrite a will to conform to a new situation.
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| DOES A WILL INCREASE PROBATE EXPENSES? |
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No. If there is property to be administered or taxes to be paid, or both, the existence of a will does not increase probate expenses. In either case, the probate court will have jurisdiction to ensure that it is transferred properly, either according to your will, or, if there is no will, in accordance with the inheritance statute. |
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| HOW MANY DIFFERENT TYPES OF PROCEEDINGS ARE THERE FOR ADMINISTERING AN ESTATE? |
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Generally, there are three basic proceedings for administering an estate.
Formal Administration: Used when there are considerable assets and it is necessary to have a personal representative appointed to act on behalf of the estate.
Summary Administration: Available if the value of the estate, subject to probate in the State of Florida (less property which is exempt from the claims of creditors), is not more than $75,000, or the decedent has been dead more than two years.
Disposition without Administration: Available if the estate assets consist solely of exempt property and non-exempt personal property, where the combined value does not exceed the total required to pay the funeral expenses, plus all reasonable and necessary medical and hospital expenses incurred in the last 60 days.
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| WHERE ARE PROBATE PAPERS FILED? |
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Probate papers are filed with the Clerk of the Circuit Court, generally in the county where the decedent lived.
The clerk assigns a file number and maintains a docket sheet which lists all papers filed with the Clerk for the administration of that probate.
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| WHO PRESIDES OVER PROBATE PROCEEDINGS? |
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A Circuit Court Judge. The judge appoints the personal representative, issues "letters of administration", holds hearings when necessary, and resolves all questions raised during the administration of the estate. |
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| WHO CAN BE A PERSONAL REPRESENTATIVE? |
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The personal representative could be an individual, bank, or trust company, subject to certain restrictions.
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WHO HAS PREFERENCE TO BE PERSONAL REPRESENTATIVE?
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If the decedent left a valid will, the designated personal representative nominated in the will has preference to serve. |
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| GUARDIANSHIP |
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| WHAT IS GUARDIANSHIP? |
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A guardianship is a legal proceeding, in the Circuit Court of Florida, where a person appointed by the court, as guardian, will be able to exercise the legal rights of an incapacitated person who is referred to as a ward. The ward being incapacitated due to age (under age 18) or those adults whose functional limitations prevent them from being able to make their own decisions.
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| WHAT DOES THE TERM WARD MEAN? |
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A person who has some or all of his or her rights removed by the court and for whom a guardian has been appointed by the court.
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| WHO MAY SERVE AS A GUARDIAN? |
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Any adult resident of Florida can serve as a guardian. A relative of the ward who does not live in Florida can also serve as guardian. Persons who have been convicted of a felony cannot be appointed.
Institutions such as a bank trust department, a nonprofit religious or charitable corporation, a professional guardian or a public guardian can be appointed guardian.
The court gives consideration to the wishes expressed by the incapacitated person in a written declaration of a pre-need guardian or at the hearing.
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IS A GUARDIANSHIP THE ONLY MEANS OF HELPING AN INCAPACITATED PERSON?
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No. Florida law requires the use of less restrictive alternatives to protect persons incapable of caring for themselves and managing their financial affairs whenever possible. If a person creates an advance health care directive and a durable power of attorney or revocable living trust while competent, he or she may not require a guardian in the event of incapacity. |
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| HOW IS AN ADULT DETERMINED TO BE INCAPACITATED? |
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An adult may file a petition with the court to determine another person’s incapacity by setting forth factual information upon which they base the belief that the person is incapacitated. The court then appoints a committee of three professionals to examine the alleged incapacitated person and report their findings to the court.
The court will appoint an attorney to represent the person alleged to be incapacitated unless the person is represented by their own attorney. If the examining committee concludes that the alleged incapacitated person is not incapacitated in any way, the court will dismiss the petition.
If the examining committee finds the person to be incapable of exercising certain rights, the court schedules a hearing to determine whether the person is totally or partially incapacitated. A guardian is usually appointed at the end of the incapacity hearing.
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| WHY A GUARDIAN FOR A MINOR? |
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A child’s parents are the child’s natural guardians and in general may act for the child. In circumstances where the parents die or become incapacitated or if a child receives an inheritance, proceeds of a lawsuit or an insurance policy exceeding $15,000, the court must appoint a guardian.
Both parents or a surviving parent may make and file a written declaration with the Clerk of Courts, naming a guardian of the child’s person or property to serve if both parents die or become incapacitated. A guardian may also be designated in a will in which the child is a beneficiary.
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MUST A GUARDIAN BE REPRESENTED BY AN ATTORNEY?
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Yes, the Florida Probate Rules require that every guardian be represented by a Florida bar attorney. |
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| ARE FILING FEES AND AUDIT FEES APPLICABLE? |
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Yes, see the Clerk of Courts Court Division Fees.. |
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| WHAT DOES A GUARDIAN DO? |
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The guardian of the ward’s person may exercise those rights that have been removed from the ward and delegated to the guardian by the court. These may include providing medical, mental and personal care services and determining the place and kind of residential setting best suited for the ward. The guardian of the person must file an initial plan for the ward’s care and then an annual plan detailing the plans for the ward’s care.
A guardian who is given authority over any property, real or personal, of the ward shall inventory the property, protect, preserve and invest it prudently and use it for the ward’s support. The guardian is required to account for the property by filing a detailed inventory and then annual accounting reports with the court.
In addition, the guardian must obtain court approval for certain financial transactions.
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| IS A GUARDIANSHIP PERMANENT? |
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Not necessarily. If a person recovers in whole or part from the condition that caused him or her to be incapacitated, the court will have the ward reexamined and can restore some or all of the person’s rights. |
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| IS A GUARDIAN ACCOUNTABLE? |
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Yes. Guardians are usually required to furnish a bond and may be required to complete a court approved training program. A guardian who does not properly carry out his or her responsibilities may be removed. |
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| DOES ANYONE CHECK THE ACCURACY OF THE REPORT AFTER THEY ARE SUBMITTED TO THE COURT? |
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The Clerk of Courts is required by Florida Statute to review the plans, inventories and accounting reports. Once the reports are audited, by the Clerk of Courts, they are forwarded to the Court for review and approval. |
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| WHAT IS A GUARDIANSHIP AUDITORS ROLE? |
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The auditor reviews the reports filed for errors and potential fraud. The guardianship cases involve millions of dollars in assets. The most common audit issues involve non-payment of fees, missing assets, income and possible fraud. The audit process not only helps protect the ward but also the guardian by making the guardian accountable to the court. |
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| MINUTES & RECORDS |
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| Can I view the Board of County Commissioner’s minutes online? |
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The BCC minutes are available online (1980-current) on the Clerk’s website and older meeting minutes are available only on microfilm (1923-1979). All transcripts, agendas (executive summary), recaps and backup documentation are available online. |
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| Do you have a copy of the current and past Land Development Code |
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We have all of the county’s validated ordinances available online and at our office on microfilm; with the current year available in paper format. |
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| Do you have current zoning maps for Collier County? |
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The Collier County Addressing/Graphics department supplies the Clerk’s Office with the most current zoning maps for Collier County. These are also available online for public viewing. |
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| Can someone help me find a copy of a Satisfaction of Lien? |
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All documents approved by the BCC come through this office for placement into the record of their meetings. They are available online and/or microfilm. |
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| LOBBYIST REGISTRATION |
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| Can I check to see if someone is a Collier County registered lobbyist? |
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Lobbyists that speak before the BCC, county officials, or the advisory boards are required to register with the Clerk’s office annually before lobbying on their client’s behalf. There is a registration fee required for each fiscal year (October through September). |
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| V.A.B. |
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| Can I file an appeal to my proposed property taxes? |
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The VAB process begins following the mailing of the Truth in Millage Notice (TRIM) by the Property Appraiser’s Office in August of each year. Petitions are filed in the BMR office and requires a filing fee per petition filed. |
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| What County agencies are involved with the VAB process? |
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BCC, School Board, Property Appraiser, Clerk, and Tax Collector. |
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