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CLERK'S FREQUENTLY ASKED QUESTIONS
Among the large number of questions the clerk receives, there are a few that are asked more than most. Here you will find many of these "Frequently Asked Questions" and their answers.
If your particular question is not here, or you need elaboration on an answer given here, feel free to contact the Clerk by phone below or by email.
Are there other links that might assist me?
Are there appellate filing fees?
Does the Clerk's Office provide Notice of Appeal forms and other forms needed in an appeal?
No. If you wish to represent yourself, you will need to do your own legal research and paperwork preparation. You may find the following links helpful:
The Florida Rules of Appellate Procedure
Other publications relating to appeals are:
If you wish to consult with an attorney about filing an appeal in Tallahassee, you may contact:
Tallahassee Bar Association Lawyer Referral Service, 850-681-0601
North Florida Legal Services, 850-385-9007
A party or defendant in a case has 30 days from the date the decision is rendered by the lower court to file a Notice of Appeal. The Notice of Appeal should be in the form prescribed by Rule 9.900, Florida Rules of Appellate Procedure, and should contain the following information:
- the name of the lower court
- the name and designation of at least one party on each side
- the case number in the lower court
- the name of the court to which the appeal is taken
- the date of rendition of the order in the lower court
- the nature of the order to be reviewed.
The original Notice and one copy should be filed with the s Office in the division where the court rendered the order/judgment you wish to appeal, i.e., in the Felony Division if you are appealing a felony conviction.
An information sheet for filing county court appeals in the Second Judicial Circuit, Leon County, is located here.
s rules of court designate the types of appeals that are permitted. Appeals from county court cases, like misdemeanors, county civil and traffic infraction cases, can be appealed to the Circuit Court. Circuit Court cases, like felonies, circuit civil, probate, and juvenile cases, may be appealed to the District Court of Appeal or Florida Supreme Court. Death penalty cases are appealed directly from the Circuit Court to the Florida Supreme Court by law.
What happens in an appeal?
After the appropriate paperwork is filed timely (and sometimes after oral argument), the appellate court will review the decision of the lower court to determine if an error occurred during the case.
Does the Clerk offer Pro Se (self represented) assistance?
No, but a handbook has been made available by the Florida Bar. Click here to view this handbook.
What is an injunction?
An injunction is a court order, also referred to as a restraining order, that directs a person not to have any contact with you.
What are the requirements for filing a Petition for Injunction?
For domestic violence, this action is available if the respondent presently resides with you, or has lived with you in the past as a member of the family, such as a spouse, former spouse, person related by blood or marriage, person who has lived together with you as though he/she were your spouse, or person with whom you have had a child, even if you have never lived together.
For repeat violence, this action is available if you have been a victim of assault, battery or sexual violence by the respondent at least twice within the past 6 months. The following conditions should also be met: (1) you and respondent are not related by blood; (2) you and respondent have no children together; and (3) you and respondent have never lived together.
For sexual violence, this action is available if (1) you have reported the sexual violence to a law enforcement agency and are cooperating in any criminal proceeding against the respondent, and (2) the respondent who committed the sexual violence was sentenced to a term of imprisonment in state prison and the term of imprisonment has expired or is due to expire within 90 days following the date the petition is filed.
For dating violence, this action is available if you and respondent have, or have had, a continuing and significant relationship of a romantic or significant nature, which is determined based on consideration of the following factors: (1) The dating relationship existed within the last 6 months; (2) the nature of the relationship is characterized by the expectation of affection or sexual involvement between the parties; and (3) the frequency and type of interaction must be based on the parties involvement over time and on a continuous basis during the course of the relationship.
Where can I obtain an injunction?
During normal working hours, the Petition for Injunction should be filed with the Family Law Division of the Clerk's Office, Suite 100, Leon County Courthouse. There are currently no costs associated with injunctions.
The Refuge House, a local shelter, has a volunteer office in the Courthouse, and can be reached at 577-4480. Volunteers with this organization will assist in completing forms, providing counseling, and obtaining emergency shelter at the Refuge House.
Once the forms are completed, the Family Law Division will file the petition and take the file to the judge for review. If the judge finds merit to the petition, a Temporary Injunction and Notice of Hearing will be entered.
During weekends and holidays, assistance may be sought at the Leon County Jail, located on Appleyard Drive, at 8:00 a.m., where a deputy clerk will be present.
What happens after the judge grants the injunction?
A hearing must be scheduled and the violator must be personally served with a copy of the Petition, Notice of Hearing, and the Temporary Injunction.
The formal hearing will be scheduled for the next available court session. You must attend the hearing or the injunction will be dismissed.
Any injunction granted by the Court will remain in effect until modified or dissolved by the judge. Copies of all injunctions are placed on file with local law enforcement agencies.
What community resources are available?
Refuge House
Services provided to victims of domestic violence and sexual assault - 24 hour hotline 681-2111
- Safe shelter
- Individual counseling
- Group counseling
- Injunction assistance
Local Shelters
- The Shelter 224-9055
- Salvation Army 222-0304 or 576-4352
Food and Clothes - ECHO (Emergency Care & Help Organization) 224-3246
- Salvation Army 222-0304
- Department of Children and Family Services - Food Stamps 487-2826
Rent & Utility Assistance - Catholic Social Services 222-2180
- Capital Area Community Action Agency 222-2043
- Telephone Counseling & Referral Service
- Information 224-6333
Victim's Service
- State Attorney's Office Victim/Witness Services 488-6701
- Tallahassee Police Dept. 891-4200
- Leon County Sheriff's Dept. 922-3300
- Urban League 222-6111
- Office of the Attorney General
- Toll-free Victim Services information and referral line 1-800-226-6667 (English/Espainol)
- TDD Users, the Florida Relay Service 1-800-955-8771 (English/Espainol)
What is the Child Driver License Suspension Program?
It is a form of child support enforcement offered by the Family Law Division of the s Office. The Family Law Division may suspend a s Florida driver license when child support payments become delinquent, at the request of the child support recipient. The program is mandated by Section 61.13016, Florida Statutes.
What are the qualifications for the Program?
You must have a Leon County order for child support.
You must not currently be under contract with the Florida Department of Revenue Child Support Enforcement Program.
Your child support payments must be paid through the State Disbursement Unit.
If your child support payments are made monthly, semi-monthly, or biweekly, payment must be 30 delinquent. If your payments are made weekly, payment must be two delinquent.
The payer must have a Florida driver license.
What information will I need to provide to the Family Law Division?
s date of birth
s social security number
s last known address
How does the Program work?
Upon a delinquency of child support payments, a "Notice of Intent to Suspend s License" is mailed to the payer. Upon receiving the Notice, the payer has three options to avoid driver license suspension:
Pay the delinquency.
Enter into a written agreement for repayment of the delinquency with the payee.
File a "Notice to Contest s License Suspension" if there is a disagreement regarding the amount or if there is a claim of mistaken identity.
If the payer fails to select one of these options within 20 days from the date of the Notice, the Family Law Division will mail a request to suspend to the Florida Department of Highway Safety & Motor Vehicles. Once suspended, the s license cannot be reinstated until either the delinquency is paid in full or until the payer and payee enter into a written agreement for repayment of the delinquency.
How do I sign up?
You may fill out a request form in the Family Law Division of the s Office, located in Suite 100 of the Leon County Courthouse, 301 South Monroe Street, Tallahassee, FL 32301, or you may send a letter requesting to participate in the program.
Child Support Collection and Disbursement
In 1999, federal law required the State of Florida to collect child support through a state disbursement unit (SDU). Most child support payments now are processed by this SDU. Because this change affected so many people, a customer service system was implemented in the Tallahassee SDU.
The Voice Response Unit provides information about your account automatically; it can tell you when your last support check was issued. However, you will need your social security number and case number to get this information. If you don't have your case number, you can get it from the Clerk in the county in which your support was ordered. The Voice Response Unit number is 1-877-769-0251; for Tallahassee, the number is 850-201-0140. If you have general questions about child support, please call your local Clerk of Courts' office. In Tallahassee, the number for the Family Law Division of the Clerk's Office is 850-577-4150.
Child Support Enforcement
The State of Florida has designated the Florida Department of Revenue (DOR) as the primary public agency to provide public child support enforcement activities. Below are links to the DOR child support enforcement section and a brief explanation of each.
Other alternatives include hiring your own attorney or self-representation. If you wish to represent yourself, or visit our website at www.clerk..fl.us, and select Forms under Courts to view the various self-help family law forms. Whether you choose enforcement through DOR, represent yourself, or hire an attorney, Clerks' Offices remain available to send out notices of delinquency and notices of intent to suspend drivers' licenses upon request.
Why was my citation/case referred to a law firm for collection?
If you did not pay your traffic infraction within 30 days after your citation was issued, your driver's license was suspended. Ninety days after your citation was issued, your citation/case was referred to a law firm for collection, pursuant to Section 938.35., Florida Statutes, entitled "Collection of court-related financial obligations" and Section 28.246(6), Florida Statutes, entitled "Payment of court-related fees, charges, and costs; partial payments; distribution of funds."
Why can't I pay my traffic fines and costs in Leon County since I live here?
Rule 6.100, Florida Rules of Traffic Court, provides that a traffic violations bureau will be established in each county court by administrative order, and that one of the functions of such a bureau is to accept payments of civil penalites for traffic infractions that do not require a mandatory hearing. The Traffic Division of the Leon County Clerk's Office was established by Administrative Order 1978-6, is located at 2810 Sharer Rd, Suite 19, and accepts payments of civil penalties on those cases that have not been referred to a collection law firm pursuant to Section 938.35.
Customers whose accounts have been referred to the law firm should contact the firm directly for payment information and instructions:
Linebarger Goggan
Blair & Sampson LLP
P.O. Box 56107
Jacksonville, FL 32241
1-866-234-9790
What happens after my citation/case has been referred to the collection law firm?
The law firm will notify you of the referral and will collect the monies owed. Once you case has been referred to the law firm, it will maintain your account. To insure that your account is credited properly, only the law firm will accept payment on your account.
Will this referral hurt my credit rating?
The collection law firm may file with credit bureaus those accounts that remain unpaid. Failure to pay your traffic citations may also affect your credit rating.
What happens to the money I pay for my traffic citation?
Section 318.21, Florida Statutes, entitled "Disposition of civil penalties by a county court," shows the distributions of all civil penalties by a county court. Additionally, Administrative Order 1997-08 shows additional fines and costs and the distribution of these amounts.
Are their any additional fees or penalties incurred by being on the payment program?
Yes, if you choose to make monthly payments, there is a one-time $25.00 administrative assessment for making partial payments pursuant to FS 28.24(26)(c). There is also a $10.00 per month late fee if a late notice is generated. Further, the clerk will request suspension of your Florida s License for failing to meet your financial obligation to the court. Failure to appear in court will result in a writ of bodily Blue ) being issued for your arrest and an additional $20 fee for issuing the writ.
Can my cash bond be applied to my court costs and fines?
Yes, FS 903.286 requires the clerk of the court to withhold from the return of the cash bond posted on behalf of a criminal defendant, by a person other than a bail bond agent licensed pursuant to chapter 648, sufficient funds to pay any unpaid court fees, court costs and criminal penalties. You will be responsible for paying the balance of any outstanding costs and fines.
What do I do if I t make my payment on time?
Contact the Clerk of Court, Central Cashering Division as soon as possible so that we may consider extending your due date.
Do I have to come to court?
If you have received a late notice and order to appear in court, you must appear if you have not brought your payments current the day before court.
Can I appear in court to speak with the judge even though I did not receive a late notice?
Yes, Collections Court is held every Tuesday afternoon at 1:30 pm in Courtroom 2E of the Leon County Courthouse.
Can the s office alter or adjust my costs and fines?
The s Office cannot pardon, defer, or alter fines imposed by the Court. But, we can and will help you in complying with the requirements of the Courts.
Clerk of Court
Central Cashiering Division
Leon County Courthouse
1st Floor, Suite 100
850-577-4220
Hours of operation: 8:00am to 5:00pm
How does the direct deposit of my child support and/or alimony payments help me?
Your payments are not subject to postal service delays.
There are no lost or stolen checks.
You will not have to go to the bank to deposit your payments.
You will receive the deposits whether you are ill or on vacation.
Funds may be available sooner than mailed payments.
What are the eligibility requirements?
Your payments must be received from the Leon County s Office.
If the Florida Department of Revenue currently handles your case, you must close your case with DOR.
What do I do to sign up for direct deposit?
Complete the attached authorization form.
Mail the form, and a VOIDED CHECK (for a checking account) or a DEPOSIT SLIP (for a savings account), to the Leon County s Office, Family Law Division, Post Office Box 11336, Tallahassee, FL 32302.
The direct deposit service will begin two transactions after the s Office has received your completed authorization form. Any payments received between the receipt of your authorization form and the start of the direct deposits will be mailed to you.
Who may elect to attend driver improvement school?
A person charged with a moving or non-moving traffic violation may be eligible to attend driver improvement school. A person charged with a violation involving driver licenses, vehicle registration, proof of insurance, speeding in excess of 30 MPH or leaving a child under the age of 6 unattended in a vehicle is not eligible. You may not elect to attend driver improvement school for any violation if you hold a commercial s license.
What are the benefits of attending driver improvement school?
There are two benefits. One, no points will be assessed against your driver's license. Two, attending driver improvement school to satisfy the violation will be entered on your driver history record as an "adjudication withheld."
What is the cost of driver improvement school?
School costs vary, depending on the school you attend. You must pay the civil penalty; a fine plus court costs in full, for the offense, plus the costs for the driver improvement school; the civil penalty is required by law. There is also a cost for school. Contact the Traffic Division of the Leon County Clerk's Office for the current costs or refer to the handout materials furnished to you by the law enforcement officer at the time you were cited for the violation.
How do I enroll?
You may visit the Leon County Clerk's Office to make your election, or make your election by mail. You must enroll, attend and complete an approved school within 60 calendar days from the date you elect to attend. You must pay for the course at the time you enroll. Click here for an Election Affidavit, which must be notarized and submitted with your payment. If you pay your fine without formally making this election, you may not elect driver improvement school later. The election must be made at the same time you pay your ticket. This election does not extend the time to pay your citation.
Whether you attend a driver improvement school in Leon County or in another County, you must present proof of completion of the driver improvement school to the Leon County Clerk's Office within 60 calendar days of the date you elect to attend school. You may mail your certificate to Clerk of Court, Traffic Division, PO Box 1529, Tallahassee FL 32302, or to Clerk of Court, Criminal Customer Assistance, PO Box 726, Tallahassee Florida, 32302, fax to (850) 577-8016 or drop your certificate in our 24 hour drop box located behind the Leon County Courthouse on Calhoun Street.
What happens if I do not attend the driver improvement school I elected?
If you elect to attend school, you must complete the course and submit your completion certificate to the Leon County Clerk's Office within 60 calendar days of your election. If you fail to meet any these requirements for any reason, an $18.00 penalty will be assessed and a suspension will be entered against your driver's license, you will be adjudicated guilty of the offense and points will be assessed against your driver's license. Further, your case will be referred to a law firm for collection of the past due amounts.
How many times can I elect to attend a driver improvement school?
You may make an election to attend school to satisfy an eligible traffic violation one time in a 12 month period, but no more than 5 times in your lifetime. If you elect to attend, but fail to satisfy the requirements, the election will still count toward the 5 allowed.
What if I receive a ticket outside of Leon County?
You must make your election and pay the fines and costs in the county where your ticket was issued. However, you may attend a driver improvement school approved by the State of Florida in the location of your choice.
Who may I contact for more information about an election?
You may consult the telephone directory heading of "Driving Instruction" or contact the Department of Highway Safety & Motor Vehicles (DHSMV) at (850) 487-1227, for a traffic reference guide; or click here for the Florida Department of Highway Safety and Motor Vehicles list of approved course providers.
What is a felony charge?
A felony is any criminal offense that is punishable under Florida laws, or that would be punishable if committed in Florida, by death or imprisonment in a state correctional facility. Felony charges include, but are not limited to murder, manslaughter, robbery, aggravated battery, aggravated child abuse, sexual battery, kidnapping, burglary, grand theft, battery on law enforcement officer, resisting arrest with violence, willful or aggravated fleeing and eluding a police officer, possession and/or sale of drugs, communication fraud, forgery, and passing worthless bank checks. Felonies are classified into five categories, based on severity of the crime: - Capital Felonies, punishable by death or life in prison;
- Life Felonies, punishable by life in prison;
- First Degree Felonies, punishable by up to 30 years in prison;
- Second Degree Felonies, punishable by up to 15 years in prison; and,
- Third Degree Felonies, punishable by up to 5 years in prison.
An arrest on a felony offense means that the defendant is usually booked into the county detention facility. Most felony offenses are bondable according to the approved bail schedule. To see Leon County's bail schedule, click here. Select Administrative Order, Year 2000, Administrative Order #2000-01. Except when previously released in a lawful manner, every arrested person is taken before a judge, by electronic audiovisual device within 24 hours of arrest, for "first appearance". In the case of a child in the custody of juvenile authorities, against whom an information or indictment has been filed, the child is taken for a first appearance hearing within 24 hours of the filing of the information or indictment. At your first appearance before a judge, if you have not completed a financial affidavit, you will be asked if you can afford the services of an attorney. If you cannot, the judge will question you orally regarding your financial situation, then decide whether to appoint a public defender as your attorney, provisional upon a determination of indigence by the clerk, or instruct you to seek private counsel. If you have completed a financial affidavit, and the Clerk has made a determination of indigence, the public defender will be appointed, and this information will be provided to the first appearance judge. If a public defender is appointed you will be assessed a $40 application fee. The Clerk's office receives the initial paperwork from the Leon County Sheriff's Department after a felony arrest. The Felony Division prepares the official court file, including arrest documents as well as any release form. Copies of this information are forwarded to the State Attorney's Office. The State Attorney then reviews the case to decide whether to file formal charges. If a public defender is appointed, copies of the paperwork are also forwarded to the Public Defender's Office.
The Felony Division of the Clerk's Office cannot change your court date. Please contact your attorney to help you with this problem.
What if I move?
If you move, it is your responsibility to notify the Clerk's Office, in writing, at the Clerk of Circuit Court, Felony Division, P. O. Box 726, Tallahassee, FL 32302.
How do I get a new attorney assigned to my case if I have a conflict with my present attorney?
You may request, at any of your court proceedings, to speak with the presiding judge regarding your issues with counsel.
How do I have a public defender appointed to my case?
At your arraignment, you will have an opportunity to complete an Affidavit of Indigent Status form, and request the appointment of a public defender. You may also, prior to arraignment, file an Affidavit of Indigent Status, with the Felony Clerk Division. A determination of indigent status will be made by the Clerk based on the information in the Affidavit. If you are determined indigent by the Clerk the public defender will be appointed.
How will I know when and where I go to court?
When formal charges are filed with the Clerk's office, you will be notified by mail of (1) an arraignment date if you do not have counsel, or (2) a case management date if you do have counsel. Arraignment and/or case management dates are usually 30-45 days after the formal charges have been filed with the Clerk. All notices will be sent to the address that was given at the time of arrest. If you bonded out of jail, your bondsman will be notified as well. Your case number, charges, type of court event, date/time, and location of hearing will be displayed on all court notices.
Failure to appear may result in serious consequences. A felony judge may issue a capias for your arrest. You may forfeit any bond that you have posted, thus losing money or collateral. If you are arrested for failure to appear, you may be held in the Leon County Jail without bond.
You may call the Felony Division at 850-577-4070, Monday through Friday, from 8:30 a.m. until 5:00 p.m. for general information regarding: - Court dates
- Judge/Attorneys assigned to case
- Whether a response or order has been filed
Most files are public record, and can be viewed in the Felony Division. Requests to access these records must be in writing, pursuant to a Florida Supreme Court ruling. See Rules of Judicial Administration, Rule 2.051(e)(1). To find out more information about this rule, go to www.flcourts.org. Click on Opinions and Rules, Opinions, Supreme Court (updated 3/7/02), the year 2002, and then SC01-897-Report of the Supreme Court Workgroup and Public Records.
For a complete listing of our fees and service charges, click here.
Yes, we will accept faxed documents, but the identical document in paper form, with an original signature, must be filed immediately. All parties using facsimile to file documents must make arrangements with each division for the payment of applicable filing fees before filing documents by facsimile. For more detailed information, see Clerk's policy by clicking here. Click here for a list of the Clerk’s fax numbers.
The Leon County Clerk's Office has an after-hours drop box located on Calhoun Street side of the Leon County Courthouse, just north of the Public Entrance.
How do I get my bond money back now that my case has been disposed?
At the conclusion of your case, the Clerk shall withhold from the return of a cash bond, posted on behalf of a Criminal defendant by a person other than a bail bond agent, sufficient funds to pay any unpaid court fees, court costs, and Criminal penalties. If the amount posted is greater than the fees, costs, and penalties due, the balance will be refunded to the depositor by mail, generally within ten days of the close of each case. You may contact our Court Services Division, at 850-577-4220, or visit them at the Leon County Courthouse, Room 244, for more information about your bond.
What happens to the evidence submitted in my case? How do I get it back?
You must petition the court, in writing, for an order releasing any evidence that was submitted as court evidence. All evidence submitted as court evidence is placed in the custody of the Clerk's Office, and cannot be released without a court order. The Clerk's Office does not provide forms for this purpose.
What if I want to appeal the final decision of the judge in my case?
Any defendant can appeal any decision of the judge or the jury. Appeals from the Leon County Circuit Court are filed and heard in the First District Court of Appeals, Tallahassee, Florida. Your Notice of Appeal and other appropriate paperwork should be filed with the division where your case is filed.
How do I withdraw my plea?
You may want to seek the advice of counsel. You may file a pro se motion with the sentencing judge. For more information, visit www.floridabar.org, click on Member Services, click on "The Florida Rules of Procedure are now online", select the Rules of Criminal Procedure, and then select Rule 3.170(l).
To seal or expunge a Criminal record requires court approval. For Instructions on Sealing or Expunging a Leon County Felony case, click here. These instructions are intended as a brief guide for those who wish to seal or expunge their Criminal history record. They are not intended to replace the assistance of a qualified attorney nor statutes concerning the sealing or expunction of a Criminal history record. Forms are available online here or in the Help Center of the Clerk's office for a charge. If you would like to see if you are eligible to seal or expunge a record, click here.
The Department of Corrections informs and educates inmates and offenders on community supervision about the restoration of civil rights and assists eligible inmates and offenders on community supervision with the completion of the application for the restoration of civil rights. For more information, visit the Florida Department of Corrections website at www.dc.state.fl.us, and see "Help With Common Questions". A certified copy of the applicant's information, indictment, judgment, or sentence will be furnished by the Clerk's Office to the applicant, free of charge pursuant to Section 940.04, Florida Statutes.
To obtain information about felony trials, you may contact the Felony Division at 850-577-4070, or you may contact our Jury Office, at 850-577-4220.
What is a grand jury? When does it meet? Are the sessions public?
A grand jury consists of no fewer than 15, and no more than 21, persons selected from a pool of petit jurors. A new grand jury is selected on the first Monday in June and the first Monday in December. There must be a quorum of at least 15 grand jurors present at any one time in order to proceed. A deputy Clerk must be present at the end of each session to receive and file any presentments, indictment or "no true bills" filed by the grand jury. Tentative session dates are agreed to, and set by, the sitting grand jurors. Grand jury proceedings are secret and not open to the public. Click here for more information on grand juries.
Witnesses in all cases, civil and Criminal, in all courts, and witnesses summoned before any arbitrator or master, shall receive $5.00 for each day's actual attendance and $0.06 per mile for actual distance traveled to and from the courts. A witness in a Criminal case, required to appear in a County other than the County of his or her residence and residing more than 50 miles from the location of the trial, shall be entitled to per diem and travel expenses at the same rate provided for state employees under Section 112.061, Florida Statutes.
If the State Attorney, Public Defender, or court appointed attorney subpoenaed you as a witness in a felony case, you will need to bring a copy of your subpoena, which has been signed and dated by the subpoenaing party, to the felony division for payment processing. Witness checks are disbursed by mail monthly.
How can I obtain statistical data/information on cirminal cases filed in Leon County?
If you are seeking information relative to charges or cases in a specific division, then you should contact that division for more information. Requests made through the Felony Division should be in writing, and contain detailed information/criteria to enable us to more efficiently assist you. Your request will be reviewed to determine if our office can immediately provide you with the requested information, or if your request has to be forwarded to Leon County Management Information System for handling. Please make sure to include your complete name and phone number on your request.
How can I get public access to the Leon County Criminal database?
You may contact Leon County Management Information Systems Help Desk at 850-606-5502, or visit their website by clicking here.
Only Criminal traffic records are available on the Internet. There are no immediate plans to place felony Criminal records on the Internet.
Local agencies that are involved in the Leon County Criminal Justice System
What form of payment do you accept?
Cash
Check/Travelers Check
Credit Card/Debit Card (Visa and MasterCard only)
Money Order
Who do I make the check or money order payable to?
Clerk of Court
Do you accept payments via telephone?
Yes, we accept payment for court costs and copies only.
Phone payments may be made by calling 850-577-4130, using Visa, MasterCard and debit card only.
Please note that we require the cardholder's Driver's License number.
In addition, the name on the card and the name of the person authorizing payment (the caller) must be the same, unless it's a business account
Where can I pay my court fine/fees and costs?
Leon County Courthouse, 1st Floor, Central Cashiering Division or Traffic Division, 2810 Sharer Rd, Suite 19
How do I figure out what I owe?
You may review this document for various costs and fines. If you have additional questions, you may call 850-577-4220.
Guide for New Adults
Pro Se Case Management
What types of cases are handled in Traffic Court?
The Traffic Division of the County Court handles criminal traffic cases, civil infractions and ordinance violations. County court judges hear criminal traffic cases, while hearing officers preside over civil infractions and ordinance violations.
What is a criminal traffic charge?
A criminal traffic charge, such as driving under the influence, requires a court appearance and subjects a person to penalties that include a fine and/or the possibility of a jail term. Payment of the ticket cannot be made automatically to the Clerk's Office. Persons charged with a criminal offense must appear at the date, time and location indicated on the citation or as provided at the jail.
What is a traffic infraction?
A civil traffic infraction is a non-criminal charge that usually can be disposed of by payment of a civil penalty or an election to attend a driver improvement course. A court appearance is not required except as required by law. Please refer to the offenses listed under Mandatory Court Offenses under the Infraction Hearing section on this page.
When do I have to pay my ticket?
As noted on the back of the citation, infraction violations must be paid within 30 calendar days from the date the ticket was issued. There is no grace period.
What if I can't pay my ticket within 30 days?
If you are unable to pay your citation(s) within the statutory 30-day timeframe allowed under 318.14(4), you may be eligible to participate in the Payment Program. You cannot receive the reduced fine under the Payment Program for offenses that permit a reduced fee like insurance, registration, s license or defective equipment. All citations eligible for fee reductions must be paid within the first 30 days.
To participate in the Payment Program, you must make your request within the first 30 days. You may visit our payment facility at 2810 Sharer Road, Suite 19, Tallahassee FL 32312, or our payment area at the Leon County Courthouse, 301 S. Monroe St, Suite 100, Tallahassee, FL 32301. You are required to pay a $25.00 administrative fee when you file a Request for Partial Payment of Civil Infraction. You will then be given 90 days to pay your citation.
You may still elect to attend driver improvement school if you participate in the Payment Program, provided you qualify to attend driver improvement school. Refer to the Driver Improvement School section on this page to determine if you are eligible. You will have 90 days from the date we receive your Request for Partial Payment of Civil Infraction, $25.00 application fee, and notarized Election Affidavit to complete your driver improvement course and submit your certificate of completion to this office.
Failure to comply with the Notice of Partial Payment Agreement will result in additional penalties and possible suspension of your s license for civil traffic infractions or a civil judgment for ordinance violations.
While a law enforcement officer may tell you a fine amount for a particular violation, Florida Statutes, court rules, and administrative orders mandate the court costs for various traffic infractions. See Fla. 318.18(11) (2002); Rule 2.110, Florida Rules of Judicial Administration; and Administrative Order 1997-08. Click here for a list of fines and costs for the most common traffic offenses. If you do not see the violation for which you were cited, please contact our knowledgeable traffic staff at 850-577-4100 for more information.
A suspension will be entered against your driver's license, and this could affect your insurance rates and subject you to additional penalties. Further, your case will be referred to a law firm for collection of the past due amounts.
Do I have other options besides just paying the ticket?
You have 4 options if proof is submitted and payment received within the first 30 days:
- Pay the citation.
- When you elect to pay, your case will be satisfied upon payment; the charge will be entered on your driving record as a conviction; and points will be assessed as applicable. If you select this option, you will not be allowed to elect school later.
- If you have been charged with safety equipment violations, you may have the defect corrected and submit an Affidavit of Compliance, along with a $92.00 dismissal fee for offenses written within the City of Tallahassee, $85.00 dismissal fee for offenses written in the unincorporated areas.
- If you have been charged with a tag, registration, driver license, or insurance violation, you may dismiss for $10.00, if you furnish proof that you had the document at the time you were charged and the document was valid.
- Enter a plea of not guilty. You must appear at court as noted on your citation, or you can send an Affidavit of Defense or Admission and Waiver of Appearance form to our office. If you cannot appear in court, you must file this form and post a civil bond - $100 for a moving violation, or $75.00 for a non-moving violation.
- Elect to attend a driver improvement course. See the Driver Improvement School section on this page.
- Enter a plea of nolo contendere. If you were charged with a violation 316.646(1), 320.0605(1), 320.07(3)(a), 322.065, 322.15(1), or 322.34(1) and your license is suspended for failure to appear, failure to pay, or failure to attend a driver improvement school under 322.291, you may enter this plea in lieu of payment or the court appearance. You must send the Affidavit of Defense or Admission and Waiver of Appearance form to our office, and pay the following fees and costs: $11.00 for insurance violations; $28.00 for all other civil infractions; $75.00 for all criminal offenses. You must provide a valid driver license, tag, registration, or proof of insurance to our office. You must not have made this election within the last 12 months. And you must not have pled nolo contendere previously under 318.14(10)(a) three times in your life. If your plea is accepted, our office will withhold adjudication.
Deputy clerks cannot offer advice concerning the number of points assessed against your license or how points will affect your insurance. You must address these concerns with the Department of Highway Safety and Motor Vehicles and/or your insurance agent.
How do I file a motion on an infraction case?
If you want to ask the court to take action on your case, but are outside your first 30 days in which to set a court date, you may submit a motion click here to this office for consideration by the Hearing Officer.
If you have been ordered to perform community service hours in lieu of paying your traffic citation, your community service hours must be performed at an approved non profit organization.? For an expanded listing of agencies in Florida, please visit VolunteerLEON, Select Volunteer Connection, and then Browse Organizations. If you live outside Leon County or Florida, you must perform your hours with an established agency, such as The American Red Cross, Habitat for Humanity, The Ronald McDonald House, The American Cancer Society, MADD or the March of Dimes. Click here for the Community Service Hours Record, which must be prepared by the agency and submitted to this office by the date ordered by the court. You may mail your completed form to Clerk of Court, Criminal Customer Assistance, PO Box 267, Tallahassee, Fl 32303; fax your completed form to (850) 577-4100; or hand deliver to the Leon County Courthouse, Clerk of Court, 301 S Monroe Street, Suite 100. Failure to complete and submit your completion to this office by the date ordered may result in additional penalties and suspension of your s license. Click here for the Community Service Record form.
Payments can be made at our Traffic Payment Facility at 2810 Sharer Road, Suite 19, Tallahassee FL 32312 or at the Leon County Courthouse, 301 S Monroe St., Suite 100, Tallahassee Fl. 32301. You may mail your payment to Clerk of Court, PO Box 1529, Tallahassee Fl 32302. Do not mail cash. Click here to pay online.
We accept personal checks, money orders, s check, Visa, Mastercard and cash. All checks must be drawn on a U.S. bank. We do not accept starter or counter checks. If paying by credit/debit card, online, in person or over the phone, a $4.95 convenience fee, per case, will be added to the amount owed. The s Office does not receive any part of this fee. If mailing y our payment, be sure to include any required documentation.
What is a guardianship?
A guardianship is a legal proceeding in the circuit court in which a guardian exercises the legal rights of a minor or incapacitated person. Guardianships are established for various reasons: An adult who lacks the ability to care for himself/herself; a minor who has received an inheritance or person injury settlement; or a minor who is living with relatives who need to make decisions about the s schooling and health care.
What is a guardian?
A guardian is an individual or institution (like a bank) appointed by the court to be a guardian of the person only, property only, or both person and property. Guardians can have their powers limited by the court order, or can have plenary power to exercise all rights of the minor or incapacitated person.
Any adult resident of Florida can serve as a guardian, as can a close relative of the person who does not live in Florida. Persons who have been convicted of a felony or who are incapable of carrying out the duties of a guardian cannot be appointed.
What does a guardian do?
A guardian of the property must inventory the property, invest it prudently, use it for the s support, and account for it by filing detailed annual reports with the court. In addition, the guardian must obtain court approval for certain financial transactions.
A guardian of the person may exercise those rights that have been removed from the person and delegated to the guardian, such as providing medical, mental, and personal care services and determining the place and kind of residential setting best suited for the person. The guardian must present to the court annually a detailed plan for the s care. This plan is not required in a guardianship of a minor.
Please click here for the Florida Probate Rules of court.
A guardian must be represented by an attorney. Guardians are usually required to furnish a bond and may be required to complete a court-approved training program. The Clerk of court reviews all annual reports of guardians of the person and property, and presents them to the court for approval. The court may remove a guardian who does not properly carry out his or her responsibilities. Please click here for a guardianship handbook from the Department of Elder Affairs, and and here for a brochure from the Florida Bar.
An incapacitated person is one who has been judicially determined to lack the capacity necessary to manage at least some of his or her property or who cannot provide for his or her own health and safety.
Is a guardianship the only way to help an incapacitated person?
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.
How will an incapacitated person know that a guardianship proceeding has been initiated?
Generally, the attorney representing the person seeking to be a guardian initiates a guardianship case by filing of a petition and an application for appointment of guardian with the Probate Division of the Clerk of the Circuit court. If the court finds a person to be incapacitated, the court will appoint an attorney to represent that person.
What about guardians of minors?
A s parents are the 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 or proceeds of a lawsuit of insurance policy in excess of $15,000, the court must appoint a guardian.
Both parents or a surviving parent may make and file with the Clerk> of court a written declaration naming a guardian of the 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.
If I do not have an attorney to represent me as a guardian, how do I find one?
In Tallahassee, you can contact Legal Services of North Florida at 385-9007; the Tallahassee Bar Association Lawyer Referral Service at 681-0601; or the Legal Aid Foundation of the Tallahassee Bar Association, 222-3004.
How do I register for the 8 hour guardianship class?
Mandatory Court Offenses
There are certain offenses that require you appear in court rather than just pay the citation. If you were charged with one of the following offenses you must appear in court. A court notice will be mailed to you at the address that is listed on the citation.
Load not secured: 316.520(1) or 316.520(2)
Passing stopped school bus on enter/exit side: 316.172(1B)
Any citation that resulted in a fatality or serious bodily injury
Child unattended: 316.6135
Speeding in excess of 30 MPH: 316.183, 316.187 and 316.189
How do I enter a not guilty plea to a civil traffic infraction?
You must notify the Clerk's Office, in person or in writing, within the required time period. Your case will be scheduled for an infraction hearing, at which you will be formally advised of the charge against you. You may change your plea at that time and the hearing will take place. Once you elect to contest your citation you have waived your right to pay the citation in full or pay the reduced fee and elect to attend driver improvement school.
For important information concerning Infraction Hearings, click here.
The officer who issued the traffic ticket, any witnesses called by the officer, and any witnesses you wish to call, will be present at the hearing.
What happens if the court finds me guilty?
If you are found guilty of a civil traffic infraction, the court may assess the fine and costs, order you to attend a defensive driving course, or impose other penalties. If you fail to pay the fine and costs in the time allotted by the court, a suspension will be issued against your driver's license and additional penalties will be imposed.
What if I can't appear for my court date?
If you are unable to attend your scheduled court date, you may request a continuance, if requested at least 7 days in advance. Click Here for a Motion to Continue. You may mail your Motion to Continue to, Clerk of Court, Court Attendance, Attention Infraction Clerk, PO Box 726, Tallahassee, Florida 32302, or fax in your request to (850) 577-4242. This office may only grant one continuance. The Hearing Officer must grant any subsequent requests. If your request is received less than 7 days from you court date, your Motion to Continue will be presented to the Hearing Officer in court. The Hearing Officer may grant the request, or the case may be heard in your absence. You may submit an Affidavit of Defense in lieu of appearing at your contested court hearing. Your affidavit must be notarized. Click here for an Affidavit of Defense. You may mail or fax your Affidavit of Defense to the address and number listed above.
Most infraction hearings are held at 1920 Thomasville Road and are heard before a county judge. Contested hearings that involve injury and mandatory hearings involving serious bodily injury or a fatality are heard at the Leon County Courthouse and must be heard before a judge. When set, your court notice will indicate the courtroom.
What is Juvenile delinquency?
Juvenile delinquency involves anyone under the age of 18 that has been charged with a crime.
What can I do to get help for my child, if he/she is at risk of entering the Juvenile Justice system?
You may contact Capital City Youth Services @ CCYS.ORG or call them at (850) 576-6000. Click here for the CCYS website.
This information can be obtained by calling the Juvenile Assessment Center (JAC) at (850) 574-8814. Click here for the JAC website.
Information regarding Juveniles is confidential and cannot be discussed over the telephone. With proper identification, parties authorized to have access to the court file, i.e., parents, legal guardian, child and his/her attorney, can visit the Clerk's Office located in the Leon County Courthouse, 301 South Monroe Street, Tallahassee, Florida, Suite 100, to receive this information.
What is the JAC?
The Juvenile Assessment Center (JAC) is a centralized processing, referral, and evaluation center for all Juveniles arrested in this area. The facility includes a Truancy Center, Civil Citation (diversion) Program, Central Booking and Intake, Assessment and Referral, Case Management, and a comprehensive Management Information System.
What does JAC provide?
By centralizing the law enforcement booking and intake functions at a single location staffed by certified corrections officers, the Leon County JAC saves the local economy a substantial amount of money each year. Prior to the opening of the JAC, law enforcement officers spent an average of 4.5 hours off the street for each arrest. In contrast, law enforcement officers spend only 15 minutes per arrest now that the JAC handles booking and intake.
Do all Juveniles, when arrested, automatically go to the JAC?
No.
Are Juveniles detained at the JAC until their court hearing?
No. If the child meets the criteria to be detained securely, he/she is transported to the Leon Regional Detention Center until the detention hearing is held and the court determines detention status. If the child does not meet the criteria to be detained, the child will be released to the proper custodian with a written notice to appear before the Juvenile Judge at a later date.
What is the waiting period for Juveniles once they have been brought to the JAC?
The waiting period is up to six hours.
If I have a Juvenile record, how can I receive a copy?
With proper identification, the Juvenile Division of the Leon County Clerk's Office, 301 South Monroe Street, Suite 100, Tallahassee, Florida, can perform a record search for a fee. You may also get photocopies for a fee. Click here for the Leon County Clerk's Office Fee Schedule.
Capital City Youth Services
Department of Children and Families
Department of Juvenile Justice
DISC Village
FAMU Police Department
FSU Police Department
Juvenile Assessment Center
Leon County Clerk of Court
Leon County Court Administrator
Leon County School Board
Leon County Sheriff's Office
Leon County Teen Court
Office of the Public Defender
Office of the State Attorney
Tallahassee Police Department
What is a dependent child?
Under Florida Statutes, chapter 39, a dependent child is one who has been found by a court to:
- Have been abandoned, abused, or neglected by the child's parent or parents or legal custodians
- Have been surrendered to the Department of Children and Family Services (DCFS) or a licensed child-placing agency for purpose of adoption
- Have been voluntarily placed with a licensed child-caring agency, a licensed child-placing agency, an adult relative, or DCFS, after which placement a case plan has expired and the parents or legal custodians have failed to comply wit the requirements of the plan
- Have been voluntarily placed with a licensed child-caring agency for the purposes of subsequent adoption, and the parents have signed a consent pursuant to the Florida Rules of Juvenile Procedure
- Have no parent or legal custodians capable of providing supervision and care
- Be at substantial risk of imminent abuse, abandonment, or neglect by the parents or legal custodians.
You may contact the Department of Children and Families at (850) 488-0500.
If my child has been removed from my care, when will I go to court?
The Department of Children and Families will notify you of the initial court date. If you need information regarding any future court date and time of hearing, you may visit the Clerk of Court's Office, located at 301 S. Monroe Street, Suite 100, Tallahassee, Fl. Proper identification is required.
What is a "child in need of services"?
Under Florida Statutes, chapter 984, a "child in need of services" is a child for whom there is no pending investigation into an allegation or suspicion of abuse, neglect, or abandonment; no pending referral alleging the child is delinquent; or no current supervision by DJJ or DCFS for an adjudication of dependency or delinquency. The child must also be found by the court: - To have persistently run away from the child's parents or legal custodians, despite reasonable efforts of the child, the parents or legal custodians, and appropriate agencies to remedy the conditions contributing to the behavior
- To be habitually truant from school, while subject to compulsory school attendance, despite reasonable efforts to remedy the situation
- To have persistently disobeyed the reasonable and lawful demands of the child's parents or legal custodians, and to be beyond their control, despite efforts by the child's parents or legal custodians and appropriate agencies to remedy the conditions contributing to the behavior.
Under Florida Statutes, chapter 984, a "family in need of services" means a family that has a child who is: - Running away
- Persistently disobeying reasonable and lawful demands of the parent or legal custodian and is beyond the control of the parent or legal custodian
- Habitually truant from school or engaging in other serious behaviors that place the child at risk of future abuse, neglect, or abandonment or at risk of entering the Juvenile justice system.
A family is not eligible to receive services if, at the the time of the referral, there is an open investigation into an allegation of abuse, neglect, or abandonment or if te child is currently under supervision by DJJ or DCFS due to an adjudication of dependency or delinquency.
Information may be obtained by contacting the Probate Division of the Leon County Clerk's Office at (850) 577-4180. Click here for Frequently Asked Questions about Guardianships.
What is a county civil case?
A county civil case is a legal action filed in county court to settle minor legal disputes among parties where the dollar amount involved is more than $5,000 but does not exceed $15,000.
Generally, these cases should be filed only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located. Section 47.011, Florida Statutes.
Who may file a county civil case?
Any person 18 years or older, and any individual doing business as a company, may file a county civil case. Please be aware that there are limited forms available at the s Office for filing county civil lawsuits. If you choose to represent yourself, you will need to prepare the complaint or petition, and should review the Florida Rules of Civil Procedure for information on filing a county civil case. If you do not feel comfortable representing yourself, you may wish to obtain the services of an attorney.
How is the defendant notified of the case?
A defendant is served by a certified process the Leon County s Office or a private process server. For each defendant listed in the complaint/petition, the plaintiff must provide an original and two copies of the Summons. A copy of the complaint/petition and any other documents filed must be attached to the Summons for service. The Leon County Sheriff's Office and Private Process Servers charge a fee to serve each defendant.
The defendant has a specified time in which to respond to the complaint/petition. If no response is received in the time specified, the plaintiff may file a Motion for Default with the s Office. Once the defendant files a response, or a Motion for Default is entered, it will be necessary for the plaintiff to ask the court to hear the case by motion.
What is a residential landlord or tenant action and who can file?
A residential landlord/tenant action applies to the rental of non-commercial dwelling units and is an action filed by a landlord against a tenant, or by a tenant against a landlord, concerning common disputes such as payment of rent, non-compliance, or breach of a lease or rental agreement. A landlord (the owner or lessor of a dwelling) or a tenant (a person entitled to occupy a dwelling unit under a rental agreement) may file a residential landlord/tenant action. If commercial, agricultural or personal property is at issue, the plaintiff should contact an attorney for the proper procedures to resolve those disputes.
What steps must be taken before an eviction can be filed?
Before the plaintiff can file a residential landlord/tenant action, proper written notice must first be given to the landlord or the tenant. The form of the notice will depend on the landlord or s reason for terminating the lease.
The plaintiff must file a petition and request the Clerk to issue a summons, and deliver the summons to the Sheriff or a private process server for service. The following documents should be filed:
- Petition: original and two copies (original goes in file, one copy for service, and one copy for mailing from the s office; for each additional defendant, add two copies)
- Summons: original and three for one defendant (same amount for each additional defendant)
- Lease Agreement: three copies (one for the file; one for service; and one for mailing; two additional copies for each additional defendant)
- Notice: three copies (one for the file, one for service; and one for mailing; two additional copies for each additional defendant)
- A stamped envelope, addressed to the tenant
The Leon County s Office has most of these forms available online in interactive form.
The defendant will have a specific period of time in which to respond, depending on the type of summons issued. If a response is filed and/or moneys deposited into the court registry, the file will be sent to the judge for further action. If no response is received or no money is deposited in the court registry, the plaintiff may file a Motion for Default with the s Office.
What happens when a final judgment is entered?
If the Court enters a Final Judgment against the party in default and the Final Judgment is for eviction, the plaintiff may ask the Clerk to issue a Writ of Possession. This must be served by the s Office.
What is needed to get a marriage license?
All that is required for single adults to obtain a marriage license is for them to come in person to the Clerk's office, bring their driver's license or other acceptable Identification (Government issued I.D.) and be prepared to pay the fee for the License.
Also required is for both applicants to provide a Social Security number. Applicants who are not citizens may provide an immigration registration card, passport or other Government issued I.D.
Applicants are required to read the family law handbook and once completed sign an affidavit to that effect. F.S. 741.04(B).
How must I pay for the marriage license fee?
Cash, checks and credit cards are accepted for payment.
Do both parties have to be present at the Clerk's Office to apply for the marriage license?
Yes (Exceptions can be made only when there is good cause in extreme circumstances.)
Is a blood test required for the applicants to apply for the marriage license?
No. A blood test for marriages in the state of Florida is no longer required.
How long does it take to get a marriage license?
Florida law requires a three-day waiting period between application and the effective date of a marriage license. The waiting period can be waived if applicants show proof of having recently attended at least four hours of marriage counseling with a provider registered with the Clerk's Office or both parties being out of state residents.
What are the basic restrictions for obtaining a marriage license?
To obtain a license without parental consent, both the male and female must be at least 18 years of age. The 18-year minimum age does not apply for individuals who have been married previously. A county judge may waive the age requirement for applicants who can prove they are parents or expectant parents.
Can an individual who is younger than 16 get a marriage license?
No. With or without parental permission, only a county judge can issue a marriage license to anyone under age 16.
Is the signature of just one parent sufficient to qualify as a parental permission for a minor to marry?
Yes, if that parent has sole legal custody of the minor or if the other parent is deceased.
How long is the marriage license valid?
Florida marriage licenses are valid for 60 days from the effective date of the license. The marriage license form must be returned to the Clerk's Office for recording within 10 days after the marriage is performed.
How long does it usually take to get a certified copy of our marriage record?
Certified copies are normally received within 10 days after the completed marriage certificate is returned to the clerk's office for recording in the official records.
How much does it cost for a certified copy of the marriage certificate?
One certified copy is provided as part of the marriage license fee, there is no additional cost. Additional certified copies may be obtained for a fee of $3.00 each. Prior to 1972, Certified Copies are $7.00
Does one or both of the marriage license applicants have to be an American citizen?
Neither applicant must be a citizen. There is no citizenship requirement to obtain a marriage license.
Can the Clerk's office perform the marriage for us?
Yes, deputy clerks can perform a civil marriage ceremony. There is a $30.00 fee for performing this service.
Do we have to make an advance appointment for a license and a civil marriage ceremony?
Marriage licenses are issued without appointments during normal business hours (8:00-5:00 p.m., Monday - Friday). Appointments must be made if you wish for the Clerk's Office to perform the ceremony. Appointments may be made during normal business hours (8:00 a.m. - 5:00 p.m., Monday - Friday).
My husband and I want to renew our vows. Do we need to get a marriage license for this?
No.
How do we renew our marriage vows?
Please consult your clergyman, chaplain, other religious adviser or personal counselor.
Do I need my divorce papers or death certificate of my spouse in order to apply for a marriage license?
No. You do not need the documents, unless your marriage ended in the last 60 days, however, the application does require you to note how your last marriage ended (divorce, annulment or death) and the exact date (month, day and year).
Can people obtain a license to marry partners of their own gender?
What is a Baker Act proceeding?
Chapter 394 of the Florida Statutes is known as "The Baker Act" and as "The Florida Mental Health Act". A Baker Act proceeding is a means of providing an individual with emergency services and temporary detention for mental health evaluation and treatment, either on a voluntary or involuntary basis.
How are voluntary and involuntary Baker Act admissions different?
A voluntary Baker Act admission occurs when a person 18 years of age or older, or a parent of a minor, applies for admission to a facility for observation, diagnosis, and treatment.
An involuntary Baker Act admission occurs upon a finding by a court that (1) a person is mentally ill and, because of the mental illness, he/she has refused voluntary placement for treatment or is unable to determine whether placement is necessary; (2) he/she is incapable of living alone or with help, and without treatment is likely to suffer from neglect or refuse to care for him/herself, or there is a substantial likelihood in the near future that he/she will inflict serious bodily harm on him/herself/others as evidenced by recent behavior; and (3) all less restrictive treatment alternatives are not appropriate.
How is an involuntary Baker Act proceeding initiated?
A. A law enforcement officer may take a person who appears to meet the criteria for involuntary examination into custody and deliver the person to the nearest receiving facility for an examination.
B. A physician, clinical psychologist, psychiatric nurse, or clinical social worker may execute a certificate that he or she has examined a person within the preceding 48 hours and finds that the person appears to meet the criteria for involuntary examination. A law enforcement officer shall take the person named in the certificate to the nearest receiving facility for an examination.
C. A court may enter an ex parte (on behalf of one party, without notice) order stating that the person appears to meet the criteria for involuntary examination. A law enforcement officer shall take the person into custody and deliver him or her for an examination.
What steps must be taken to obtain an ex parte order?
A person who has personal knowledge of the behavior of the individual, should give sworn testimony. The individual believed to be suffering from mental illness should be in Leon County. The petitioner(s) must have observed the behavior and must have talked to the individual about obtaining a voluntary examination within a few days. The Clerk's Office will assist with the necessary paperwork.
Because paperwork has to be processed, the petitioners should visit the Clerk's Office by 3:30 p.m. The petitioners should bring a valid photo identification of themselves and should be prepared to provide a specific address for the individual.
What happens after the order is issued?
The order will be faxed to the Warrants Division of the Leon County s Office, which will take the person into custody and to a receiving facility. The receiving facility generally utilized is the Apalachee Center for Human Services located at 2634 Capital Circle N.E., Tallahassee, FL. The person is examined at the facility and the staff and doctors there determine any further action.
How long may a person be held under an ex parte Baker Act order?
A person may not be held for more than 72 hours.
Where can I find more information about the Baker Act?
s Baker Act Law is located in Chapter 394 of the Florida Statutes. Visit our website and find the link to the statutes online.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the s Office, Probate Division, Leon County Courthouse, Room 226, 301 South Monroe Street, Tallahassee, FL 32301, (850) 577-4180; if you are hearing or voice impaired, call 711 via the Florida Relay System.
What is a Misdemeanor charge?
A misdemeanor is any offense that is punishable under Florida laws, or that would be punishable if committed in Florida, by imprisonment in the local County jail.
Misdemeanor charges include, but are not limited to simple/domestic battery, Criminal mischief, resist arrest without violence, possession of marijuana, prostitution, passing worthless bank checks, petit theft and possession of alcohol by a minor.
How do I get a copy of my Misdemeanor record?
Leon County Clerk of Court
Misdemeanor Division
P.O. Box 726
Tallahassee, Fl 32302
You may make your request by mail, at the address listed above or by fax (850) 577-8017.
How do I request a continuance of my court date?
No case will be continued without Judge approval, unless you are scheduled for Arraignment.
Requests to continue any court proceedings must be done by filing a motion. You can file the motion yourself, or if you have an attorney, he/she will file the motion for you.
Arraignments can be continued ONLY 1 time for 1 week without Judge approval AND must be done in person 2 days prior to court date.
Who should I notify if my address changes?
It is your responsibility to notify the s Office of your current address, in writing, at the Leon County Clerk of Court, Criminal Customer Assistance - Misdemeanor, P.O. Box 726, Tallahassee, FL 32302.
What happens if I fail to appear for my court date?
Failure to appear could result in a Misdemeanor Judge issuing a capias for your arrest. You may forfeit the bond you posted, thus losing your money or collateral. Should you be arrested for failure to appear, you may be held in jail with or without a bond.
How do I find information about my case or other misdemeanor cases?
You may call the Misdemeanor Division at 850-577-4130, Monday through Friday, from 8:00 a.m. until 5:00 p.m. for general information regarding:
- Court dates
- Judge/Attorney assigned to a case
- Responses to motions
Most files are public record, and can be viewed in our Help Center, located in the main courthouse, pursuant to a Florida Supreme Court ruling. See Rules of Judicial Administration, Rule 2.051(e)(1). To find more information regarding this rule, go to www.flcourts.org. Click on Opinions and Rules, Opinions, Supreme Court (updated 3/7/02), the year 2002, and then SC01-897-Report of the Supreme Court Workgroup and Public Records.
To seal or expunge a Criminal record requires court approval. For Instructions on Sealing or Expunging a Leon County Misdemeanor case, click here. These instructions are intended as a brief guide for those wishing to seal or expunge their Criminal history record. They are not intended to replace the assistance of a qualified attorney nor statutes concerning the sealing or expunction of a Criminal history record. Forms are available online here or in the Help Center of the Clerk's office for a charge.
If you would like to see if you are eligible to seal or expunge a record, click here.
Criminal traffic records are the only records available on the Internet. There are no immediate plans to place Criminal misdemeanor records on the Internet.
How do I have a public defender appointed to my case?
At your arraignment, you will have an opportunity to complete an Affidavit of Indigent Status form, and request the appointment of a public defender. You may also, prior to arraignment, file an Affidavit of Indigent Status, with the Misdemeanor Clerk Division. A determination of indigent status will be made by the Clerk based on the information in the Affidavit. If you are determined indigent by the Clerk the public defender will be appointed.
If I want copies of paperwork from your files, is there a charge?
For a complete listing of our fees and service charges, click here.
The Misdemeanor Division will accept faxed documents. All parties using facsimile to file documents must make arrangements with each division for the payment of applicable filing fees before filing documents by facsimile. For more detailed information, see the s policy by clicking here. Click here for a list of the Clerk’s fax numbers.
The Leon County Clerk's Office has an after-hours drop box located on Calhoun Street side of the Leon County Courthouse, just north of the Public Entrance.
Where are the judges' offices located?
How can I obtain statistical data/information on Criminal cases filed in Leon County?
If you are seeking information relative to charges or cases in a specific division, then you should contact that division for more information. Requests made through the Misdemeanor Division should be in writing, and contain detailed information/criteria to enable us to more efficiently assist you. Your request will be reviewed to determine if our office can immediately provide you with the requested information, or if your request has to be forwarded to Leon County Management Information System for handling. Please make sure to include your complete name and phone number on your request.
How can I get public access to the Leon County Criminal database?
You may contact Leon County Management Information Systems Help Desk at 850-606-5502, or visit their website by clicking here.
At the conclusion of your case, the Clerk will withhold from the return of a cash bond, posted on behalf of a Criminal defendant by a person other than a bail bond agent, sufficient funds to pay any unpaid court fees, court costs, and Criminal penalties. If the amount posted is greater than the fees, costs, and penalties due, the balance will be refunded to the depositor by mail, generally within ten days of the close of each case. You may contact our Court Services Division, at 850-577-4220, or visit them at the Leon County Courthouse, Room 244, for more information about your bond.
How do I withdraw my plea?
You may want to seek the advice of counsel. You may file a pro se motion with the sentencing judge. For more information, visit www.floridabar.org, click on Member Services, click on "The Florida Rules of Procedure are now online", select the Rules of Criminal Procedure, and then select Rule 3.170(l).
What is foreclosure?
When property is mortgaged, the property is transferred to a creditor to be used as secured collateral on a loan. The individual exchanging the property for the loan becomes the mortgagor, and the creditor acquiring the property title becomes the mortgagee.
If the mortgagor defaults on the loan payments associated with the mortgage, the creditors can take legal action to enforce a mortgage against the property and prevent the mortgagor from keeping the property. This type of legal action is referred to as foreclosure.
Where do I file a foreclosure action?
Foreclosure actions are filed in the Leon County Clerk's Office at 301 South Monroe Street, Room 100. All mortgage foreclosure files are public records, and can be viewed at the above address.
What happens in foreclosure proceedings?
If the Court finds that the mortgagor is in default of the mortgage payments, final judgment will be issued in favor of the plaintiff. The final judgment sets forth the costs due to the plaintiff, such as principal charges, interest, court costs, and s fees.
In addition to the assessment of costs, the final judgment will list instructions for the sale of the mortgaged property at a public auction. The instructions will include a description of the property to be sold; the time, place, and date of the sale; the amount due on the mortgage; and instructions to the s Office regarding distribution of the proceeds of the sale if someone other than the plaintiff is the successful bidder.
What is done prior to the foreclosure sale?
The original final judgment is filed and recorded with the s Office. Simultaneously with filing the final judgment, or shortly thereafter, the plaintiff must provide a Notice of Sale for issuance by the s Office.
A copy of the notice must be advertised in a local newspaper authorized by law to accept legal notices. The advertisement must be published once a week for 2 consecutive weeks, and the second publication must be at least 5 days before the sale date. Before the foreclosure sale occurs, the plaintiff must file with the s Office an Affidavit of Publisher which proves the sale has been properly advertised.
How do I find out about mortgage foreclosure sales?
The sale dates and final judgments can be viewed at www.clerk.leon.fl.us by clicking "View Foreclosures" Online on the Clerk's homepage. You will see the list of sales scheduled, and may select a date to view the case number, style of the case and legal description.
Yes, and this person is often referred to as a "third party bidder."
What information is important to know for prospective bidders prior to the sale?
Everyone should be aware of the requirements of Florida law. All sales are for cash. This can be a certified check or cashier's check. Anyone bidding on the property should have already made financial arrangements so they can meet the requirements of the sale. If a person other than the Plaintiff is the successful bidder, the successful high bidder shall post immediately with the Clerk a deposit equal to 5 percent of the final bid. The deposit shall be applied to the sale price at the time of payment. If final payment is not received by 4:30 pm today, the clerk shall re-advertise the sale and pay all costs of the sale from the deposit. Any remaining funds shall be applied toward the judgment. (See 45.031(2)FS)
The successful bidder is also required to pay for the documentary stamps on the Certificate of Title which is calculated at $.70 per $100. In addition, a registry court fee is required which is calculated on the bid amount -- 3% on the first $500.00 and 1.5% on the balance.
A purchaser at a judicial sale takes the property subject to any defects, liens, encumbrances and all matters of which he has notice or of which he could have obtained knowledge.
Mortgage foreclosure sales are conducted by the Clerk's office according to Section 45.031, Florida Statutes, and are held at 11 a.m., Monday through Friday. The sales are held in the Clerk of Courts Office, Suite 100, Leon County Courthouse.
Prior to the bidding, the deputy clerk conducting the sale will read an announcement informing potential buyers of their rights and responsibilities under Florida law. A description of the property may also be read at this time. Potential buyers take the property as is, subject to any defects, liens, encumbrances, and all matters of which the buyer had notice or could have obtained knowledge.
If the plaintiff is the successful bidder, no funds are deposited with the Clerk, unless the bid is above the amount of indebtedness. However, if a party other than the plaintiff is the successful bidder, an immediate deposit of 5% of the bid is required. The balance of the bid, plus documentary stamps ($.70 per $100) and court registry fees (3% on the first $500 and 1.5% on the balance), must be received by 4:30 p.m. on the date of the sale. Payment must be in the form of s check, money order, bank checks, or cash - NO personal checks or promissory notes.
If the balance is not paid by the deadline, the sale will be declared void, and a resale will be scheduled. The s deposit is nonrefundable and will be used to pay for the costs of the resale. Any amount remaining will be applied towards the final judgment.
A $70 sale fee is required by Florida Statutes before the sale can be conducted.
Can anyone make an objection to the sale?
An Objection to the Sale may be filed within 10 days after the filing of the Certificate of Sale. This will stop issuance of the title until the Court has a hearing and makes a decision on the objection.
When is the Certificate of Title issued?
If no objections are filed within 10 days of the sale, the s Office will issue and record the Certificate of Title. However, if the 10th day falls on a Saturday or Sunday, the title will be issued on Tuesday; if Monday is a holiday, the title will be issued on Wednesday.
What types of documents can be recorded?
The Clerk of the Circuit Court shall record the following kinds of instruments:
- 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 to be recorded
The Clerk of Circuit Court Official Records Recording Department is located at the Bank of America Annex, 313 S. Calhoun Street, Suite 101, Tallahassee, FL 32301. The department is open for business 8:00 AM to 5:00 PM, Monday through Friday.
What is the Recording process?
Documents are reviewed to make sure they meet Florida Statute requirements.
Appropriate fees are collected.
Consecutive s numbers and Official record book and page numbers along with the date and time of recording are placed on the document. Documentary tax is also placed on the document, if required.
In the case of documents transferring real property, a form "DR-219" , property transfer form is required to be completed and submitted with the document to be recorded. These forms are available in the Official Records Recording department and from the Department of Revenue website.
Each document is digitally imaged. An alphabetical Official Record index is created from information contained in each document.
The quality of the images is then verified.
The original is returned to the party indicated on the document.
Date
The name and address of each person signing an instrument affecting real property
The name and address of each person receiving property on all documents conveying an interest in real property.
Legal Description of property
The signed and typed or printed names are in agreement
Notary acknowledgement
Notary Public seal and expiration date
Corporate seal if applicable
Name and address of the natural person who prepared the instrument or under whose supervision it was prepared
A 3 inch square at the top right-hand corner on first page and 1x3 inch space at top right hand corner on each subsequent page for use by the Clerk ( on all documents)
Name of each person who executed, witnessed and acknowledged documents affecting real property shall be legibly printed, typewritten, or stamped on each document.
The grantor, grantee or agent for grantee must sign and file two copies of a transfer of interest in Florida real property form, which the Clerk must forward to the Department of Revenue and the Property Appraiser. The forms are available in the Official Records Recording Department and you can also retrieve these from the Department of Revenue web-site: http://www.state.fl.us/dor.
What is a passport?
A passport is an internationally recognized travel document attesting to the identity and nationality of the bearer. The passport is a request on the part of the issuing government that officials of foreign governments permit the bearer to travel in their territories and to afford them all lawful aid and protection.
Who needs a passport?
Anyone, including infants, departing from the United States and entering the United States from outside the United States. Travel.State.Gov contains information regarding the passport and visa requirements of foreign countries, and their respective fees.
A passport is not required for travel by U.S. citizens to any territory or waters, including Puerto Rico, Guam, American Samoa and the U.S. Virgin Islands. Proof if identity and citizenship is always required.
Proof of Identity.
- 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.
Yes. This requires additional documentation. You should call the Clerk's Office (577-4060) for specific instructions regarding your particular situation.
Do I have to apply in person?
As of February 1, 2004 passport services will begin requiring the personal appearance of all children applying for U.S. passports as well as both parents, or your passport was lost or stolen, or your passport was issued more than 12 years ago.
When should I apply for a passport?
You should apply for a passport several months before you plan to travel. If you will need a visa from a foreign embassy, you will need to allow even more time.
Where can I apply for a passport?
The Clerk's office, at 313 S. Calhoun St, is a federally designated passport acceptance agency serving the public in Leon County. The office hours are 8:30 a.m. to 5:00 p.m. If you have questions, please call 577-4060.
How long is a passport valid?
The passport is valid for ten (10) years if you are 16 years of age or older. The passport is valid for five (5) years if you are 15 years of age or younger.
Can a passport be renewed by mail?
Yes. If your most recent passport was issued when you were at least 16 years old, issued within the past 12 years, and you use the same name as on your most recent passport OR you have had your name changed by marriage or court order and can submit proper documentation to reflect the name changes.
When will I receive my passport?
You will receive your passport within 45 business days, plus mailing time, from the receipt of your completed application by the passport agency.
If you need your passport sooner, you may request expedited service which guarantees processing within 7-10 business days from the receipt of your completed application by the passport agency.
How do I report a missing passport?
Complete form DSP-64 and bring it to the Clerk's Office when you apply for a new passport.
Where can Passport applications and renewal applications be obtained and what is the cost?
The Official Records Office, 313 S. Calhoun Street Suite 101, Tallahassee, FL 32301, can provide applications and renewal application forms.
PASSPORT FEE SCHEDULE | | a. Adults (age 16 and over) | | i. Passport Fee
Payable to Department of State | | ii. Acceptance Fee
Payable to Acceptance Facility | | | iii. Total First-Time Applicant Fee | | |
| b. Minors (under age 16) | | i. Passport Fee
Payable to Department of State | | ii. Acceptance Fee
Payable to Acceptance Facility | | | iii. Total First-Time Applicant Fee | | | | a. Adults (age 16 and over) | | i. Passport Fee
Payable to Department of State | | ii. Acceptance Fee
Payable to Acceptance Facility | | | iii. Total First-Time Applicant Fee | | |
| b. Minors (under age 16) | | i. Passport Fee
Payable to Department of State | | ii. Acceptance Fee
Payable to Acceptance Facility | | | iii. Total First-Time Applicant Fee | | | | a. Additional Visa Pages | | | b. File Search Fee | | | c. Expedite Processing | | | d. Photos | |
(* THE TOTAL FEE IS SHOWN ABOVE, HOWEVER, PLEASE NOTE THAT YOU WILL NEED A CHECK FOR THE PORTION THAT WILL GO TO THE U.S. PASSPORT AGENCY ALONG WITH YOUR PASSPORT APPLICATION. THE PORTION THAT IS PAYABLE TO THE CLERK OF COURT CAN BE PAID BY CASH, CHECK OR CREDIT CARD. FOR A BREAKDOWN OF FEES, PLEASE CALL 577-4060.)
On-line passport applications are available at the U.S. Department of State.
For questions after your passport has been processed, call National Passport Information Center at 1-877-487-2778.
What is a small claims case?
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.
Generally, Florida law gives the person suing the right to file suit in any one of several places as listed below. If the person being sued has been sued in any place other than one of these places, he/she has the right to request that the case be moved to a proper location or venue. A proper location or venue may be one of the following:
- Where the contract was entered into.
- If the suit is on an unsecured promissory note, where the note is signed or where the maker resides.
- If the suit is to recover property or to foreclose a lien, where the property is located.
- Where the event giving rise to the suit occurred.
- Where any one or more of the defendants sued reside.
- Any location agreed to in a contract.
- In an action for money due, if there is no agreement as to where suit may be filed, where payment is to be made.
Rule 7.160, Florida Small Claims Rules.
No. Small claims court is considered a "peoples court" and a lawyer is not required. Clerk's Office personnel will provide you with the necessary forms for filing a small claims case.
Who can file a small claims case?
Any person(s) 18 years or older or any individual doing business as a company, may file a small claims case.
What does it cost to file a small claims case?
Filing fees for small claims actions are determined by Florida Statutes and are subject to annual change by legislative action. Fees also vary in accordance with the dollar amount of the claim and type of action.
Other fees are required for service on the parties sued and are dependent on the type of service selected. A current Schedule of Service Charges is available in any Clerk's Office location.
What information is needed to file a small claims case?
It is important that the claim is filed against the right party. The additional time spent researching the correct name could make a difference in the ability to collect on any judgment entered by the court.
Copies of any contracts, notes, leases, receipts, or other evidence in support of the claim must be furnished for each person sued and the court. The originals must be brought to the first court appearance. A full explanation of the reason for the small claims action will be necessary.
Are there other requirements?
If someone other than an individual is sued, additional information is needed to complete the required forms. For example, is the individual doing business as a company, a partnership where there are several people doing business as a company, or corporation?
What happens after the filing of a small claims case?
After the filing of a small claims case, each person or business sued must be served with a Summons or Notice to appear in court on the date and time scheduled when the claim was filed. This court date will be a pre-trial conference and parties should be prepared to present their cases in court.
At the pretrial conference mediation is ordered if both parties to the dispute are present and unable to settle their dispute. A mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. Mediation is an informal and non-adversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decision-making authority rests with the parties.
If the dispute cannot be settled at the pre-trial conference, a trial date will be scheduled by the court. The parties must appear at the trial with all witnesses and documentation.
At the trial, both parties will have an opportunity to explain the case to the judge, ask the other party any questions concerning the claim, present documentation as discussed at the pre-trial conference, and call witnesses.
Why use mediation?
The Judge will require mediation because:
Mediation is economical. Settlement is viewed as fair by both parties. There is one court meeting. There is no need to subpoena evidence or witnesses and depend on their presence at trial. There is no extensive trial preparation. Mediation preserves personal and business relationships. It allows debtors to arrange repayment plans, avoid a judgment, and preserve credit reputation. Mediation protects privacy and avoids the publicity of trial. Both parties remain in control and participate in a "win-win" solution. The agreement is final and the dispute resolved.
Is a jury trial possible in a small claims case?
Yes, a trial by jury may be requested by the person filing the Small Claims case, upon written demand at the time the case is filed. The person being sued may request a jury trial within 5 days after service of Notice or at the pre-trial conference.
What happens to the case if a settlement is reached?
If, at any time in the proceedings a settlement is reached by the parties, the person who filed suit must notify the Clerk's Office in writing of the settlement.
How does a party collect on any judgment?
May a lien be filed against the defendant's property?
What are tax deed sales?
Tax Deed Sales deal with the selling of property to the highest bidder at a public auction in order to recover delinquent property taxes. A tax deed sale occurs after an owner of a tax Certificate applies to the tax Collector for a tax Deed after the tax Certificate has been held for the statutory period of twenty-two [22]months from date of delinquency.
Who conducts the sale?
A deputy clerk employed by the Clerk of the Circuit Court conducts the sale or public auction in accordance with Florida Statute 197.502[5].
When and where are these tax deed sales held?
Tax Deed Sales are generally held inside the main west entrance of the Leon County Courthouse facing Monroe Street. The Courthouse is located at 301 S. Monroe Street, Tallahassee, Florida. Call (850) 577-4049 for verification before attending. For the next auction date and time, please click here.
Yes, the tax deed sales are advertised in the legal advertisements section of the Tallahassee Advertiser. The Clerk of the Circuit Court is required by Florida Statutes to advertise each sale once a week for four consecutive weeks prior to the public auction. In addition, the Clerk's office posts notices of upcoming tax deed auctions on the Internet at the following address: http://www.clerk.Leon.fl.us.
How can I find out if there are any liens or encumbrances on a property coming up for tax deed sale?
An ownership and encumbrance report is provided in the file maintained on each property to be sold at a tax deed sale. The tax Deed Files are kept in the office of the tax Deed clerk located in the Finance Department of the Bank of America, Suite 450, 315 S. Calhoun Street, Tallahassee, FL 32302. This Department is open to the Public from 8:30 am to 5:00 pm, Monday through Friday. Anyone may take notes from these files or the tax Deed clerk will make a copy for a fee.
As a courtesy, the clerk posts on the webpage information on the properties for sale for County taxes. Upcoming tax Deed Sales lists and the List of Lands Available are available on the s website at www.clerk.Leon.fl.us.
The files can be viewed via the webpage by clicking here.
Then click the magnifying glass by each parcel to retrieve specific information regarding that parcel. The s office assumes no responsibility for any inaccuracy contained in the files, or posted to the website for upcoming sales or lands available lists.
Governmental liens and judgments survive the issuance of a tax deed and are satisfied to the fullest extent possible with any overbid monies from the sale. Governmental liens not satisfied in full survive the issuance of a tax deed.
How long does the property owner have to "redeem" the property?
The property owner may redeem the property until the time the successful bidder renders payment AND a tax deed is recorded or issued. All current and delinquent taxes and other costs associated with the tax deed sale must be paid in full to the Leon County tax Collector by cash, cashier's check or money order.
Does a tax deed sale provide a marketable title?
Generally, when any lands are sold for the nonpayment of taxes, the title may not be a marketable title. If you are the successful bidder, you may need to file a "quiet title" civil lawsuit to clear the title to the property. You may wish to research or seek legal advice on any property for which you are considering bidding before the tax deed sale.
If I am the successful bidder at a tax deed sale, am I entitled to immediate possession of the property after a tax deed has been issued to me?
Yes, according to Florida Statute 197.562, the grantee of any tax deed shall be entitled to the immediate possession of the lands described in the deed upon payment of successful bid amount.
What are some things that I should know before the sale?
There is no pre-registration required in order to participate in the bidding. Potential bidders MAY post security (bank guarantee, letter of credit or cashier's check) with the Clerk's Finance office prior to the auction to cover any personal/business check(s) used in payment of the bid amount(s) at the auction. You or a representative must be physically present at the sale to bid on the property. You should research the properties before you bid. It is very important to understand what you are purchasing at the sale and whether there may be any liens on the property. If no security is posted, a non-refundable $200 cash deposit is required for each successful bid.
What action must I take if I am the successful bidder at the sale?
If the approved security was posted earlier, the tax deed will be completed and notarized before moving on to the next parcel so the successful bidder may record the tax deed as soon as possible. Otherwise, the successful bidder is required to submit a non-refundable $200 cash deposit immediately after being declared the successful bidder at the sale, and within 24 hours of the sale pay: 1) the bid amount less the $200 cash deposit and 2) documentary stamps and recording fees. The bid amount must be in the form of cash, cashier's check or money order payable to the clerk of the Circuit Court. You will be asked to provide to the deputy clerk the name(s) in which you wish the tax deed to be issued. Remember that the property owner can redeem the property at the tax Collector's office until the time full payment is made by the successful bidder AND a tax deed is recorded. Once the successful bidder records the tax deed, the property cannot be redeemed.
What if I am the successful bidder and fail to return payment within 24 hours?
According to Florida Statute 197.542(1), the clerk may refuse to recognize the bid of any person who has previously bid and refused, for any reason, to honor such bid. In other words, you would not be allowed to bid at any future tax deed sales in this County for a period of 12 months from the time you defaulted on your bid. The property would be re-advertised and offered for sale no later than 30 days from the date the sale was canceled. All costs of the sale will be paid from the cash deposit with any remaining funds applied toward the opening bid.
What happens if a property receives no bids?
Properties for which no bids are received at the auction are placed on a "Lands Available for Taxes" list. Florida Statute 197.502 states that the County may, at any time within the first 90 days from the day the property is placed on the list, purchase the property. After the ninety-day period is over, anyone can purchase the property. Interest continues to accrue on the opening bid amount through the month of a sale of land purchased from this list. Also, documentary stamps and recording/indexing fees must be paid.
What if I need additional information regarding a tax deed sale?
The Property Appraiser's office can provide you with information on any structural improvements on the property. Additional information is provided in the tax deed file, which can be viewed via the s website by clicking here. The laws governing tax deed sales can be found in Chapter 197 of the Florida Statutes. The rules of the Florida Department of Revenue regarding tax deed sales can be found in their administrative code beginning at 12D-13.030.
Tax certificate information can be obtained from the Tax Collector's office and their phone number is (850) 488-4735. Also, click on the following website address: www.leontaxcollector.net to review frequently asked questions and answers as well as other information at the Tax Collector website.
What is the Marchman Act?
Chapter 397 of the Florida Statutes is know as the "Hal S. Marchman Alcohol and Other Drug Services Act of 1993". It provides for the involuntary or voluntary assessment and stabilization of a person allegedly abusing substances like drugs or alcohol, and provides for treatment of substance abuse.
What is a voluntary Marchman Act admission?
A voluntary admission occurs when a person seeks treatment for substance abuse and applies to a service provider to receive such treatment.
What is an involuntary admission for assessment and stabilization?
An involuntary admission occurs when there is good faith reason to believe the person is substance abuse impaired, and because of such impairment, the person has (a) lost the power of self control with respect to substance use, and either (b) has inflicted or attempted/threatened to inflict, or, unless admitted for treatment, is likely to inflict, physical harm to him/herself or another; or (c) the s judgment has been so impaired because of substance abuse that he/she is incapable of appreciating the need for substance abuse services and to make a rational decision regarding substance abuse services.
Who files the Petition for Involuntary Assessment and Stabilization?
The petition may be filed by the s spouse, guardian, any relative, a private practitioner, the director of a licensed service provider or designee, or any three adults with personal knowledge of the person. For a minor, the petition may be filed by a parent, legal guardian, legal custodian, or licensed service provider. The petitioner must have recently observed the behavior of the person who is the subject of the petition.
What do I need to bring with me to the s Office to file a petition to have a person evaluated?
You will need to bring picture identification and an address/location for the person. You should arrive at the s Office by 3:30 p.m. to allow time for the processing of paperwork.
What happens after I file the petition?
The court will review the petition and, relying solely on the contents of the petition, enter an order authorizing the involuntary stabilization and assessment of the person. The order will be faxed to the Warrants Division of the Leon County s Office and the person will be transported to Apalachee Center for Human Services at 2634 Capital Circle, N.E. The facility will assess and stabilize the patient for a period not to exceed 5 days. A written assessment is sent to the court.
How can a person be ordered to involuntary treatment for substance abuse?
After the court receives the written assessment, a Petition for Involuntary Treatment may be filed. The assessment must be received, and the petition must be filed, within 12 days of the assessment and stabilization period.
Who files the Petition for Involuntary Treatment of Substance Abuse?
For an adult, the petition may be filed by the spouse or guardian, any relative, a service provider or any three adults who have personal knowledge of the s substance abuse impairment and the previous course of assessment and treatment. For a minor, a petition may be filed by a parent, legal guardian or service provider.
What happens after the petition is filed?
A hearing is held within 10 days. A notice of hearing is provided by mail to the petitioners and any attorney on record. A summons, a copy of the Notice of Hearing, and a copy of the petition is served on the subject by the Leon County s Office. At the hearing, all relevant testimony is taken by the court and the court may enter an Order for Involuntary Treatment for a period not to exceed 60 days.
Where can I find more information about the Marchman Act?
The Marchman Act can be found in Chapter 397 of the Florida Statutes. Visit our website and find the link to the statutes online.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the s Office, Probate Division, Leon County Courthouse, Room 226, 301 South Monroe Street, Tallahassee, FL 32301, (850) 577-4180; if you are hearing or voice impaired, call 711 via the Florida Relay System.
What is the Payment Program?
In Administrative Order 97-08, the Chief Judge of the Second Judicial Circuit established a distribution schedule of the fines and statutory court costs imposed in county and circuit criminal cases. The order also provided an installment schedule for partial payments of fines and costs.
Who is eligible for the Payment Program?
Cases are automatically set on the payment program at sentencing. You must either pay it in full the day of sentencing or make your first monthly payment the day of sentencing.
When are the hearings held?
Collections hearings are held every Tuesday at 1:30 pm in Courtroom 2E.
What happens if I miss a payment?
You should contact Central Cashiering as soon as you realize that you will be unable to make an upcoming payment so that we can offer alternative solutions. Otherwise, a late notice will be issued, we will request suspension of your s license, a $10 late fee will be assessed, and you will be ordered to appear in court.
What happens if I miss a court date?
If you are not current in your payments and miss a court date, a writ for your arrest will be issued.
When do my payments begin?
Your first payment is due on the day you are sentenced.
How do I make my installment payments?
All payments should be made by cash, money order or credit card. You may pay in person to the Clerk of Court at the Leon County Courthouse, 301 S. Monroe St, 1st floor, suite 100, or at our Traffic facility located at 2810 Sharer Rd, Suite 19. You may mail payments to Clerk of Court, Central Cashiering, PO Box 267, Tallahassee, Fl 32301.
How do I figure what I owe?
You may review this document for various costs and fines. If you have additional questions, you may call 850-577-4220.
What is TAP?
TAP is the Traffic Assistance Program, which allows a person to maintain a valid driver's license while making payments on outstanding traffic citations.
Who is eligible for TAP?
A person who has a suspended driver's license for failure to appear or failure to pay fines related to Leon County, Florida citations is eligible for TAP.
Who is not eligible for TAP?
A person with a suspended driver's license due to any of the following reasons is ineligible for TAP: - Classification as a habitual traffic offender
- Outstanding citations in other counties, states or countries
- Alcohol-related offenses
- A Financial Responsibility Judgment
- Drug-related charges
- Cases that have been referred to a Collection agency
The total cost will include a $25.00 application fee per case, all assessed late fees, a $60.00 driver’s license reinstatement fee, and the first monthly payment of $50.00.
After I enroll in TAP, when will I be able to drive legally?
In most instances, you will be able to drive immediately. The clerk will update your driver history record upon receipt of the $135.00 fee and a signed TAP agreement.
How long do I have to make payments?
All persons enrolled in TAP are required to make monthly payments of $50.00, until all outstanding fines and fees are paid in full.
What happens if I miss a payment or my payment is late?
If you miss a payment, your driver's license will be suspended. In addition, a delinquency fee will be added to each citation that has not been paid, and you will not be permitted to re-enroll in TAP.
If I receive another citation, may I add the fine to TAP?
You may add a subsequently received fine to TAP by immediately contacting the Clerk's Office to have the new fine added to your payment schedule. Do NOT wait until your fine is past due or your driver's license is suspended.
Must I have insurance?
Any person who owns a vehicle must provide proof of Personal Injury Protection (PIP) insurance. Any person who does not own a vehicle must sign an affidavit.
What should I do if I have questions or want to enroll in TAP?
Please call (850) 577-4100, or come to the Traffic Payment Facility located at 2810 Sharer Road, Suite 19, Tallahassee FL., 32312 or the s Office, Leon County Courthouse, Suite 100, Tallahassee, FL 32301. You will need to provide your driver's license number or date of birth. Our office will review your driver history record to determine if you are eligible for enrollment in TAP. If you are eligible, you must complete and submit a TAP enrollment package, pay the $25.00 per case application fee, pay assessed late fees, pay the $60.00 reinstatement fee and the first monthly payment of $50.00.
What is probate?
Probate is a legal process through which the assets of a deceased person are distributed to the heirs or beneficiaries. The Court oversees the estate to make sure debts are disposed of and proper distribution is made.
What is a will? When and where should it be filed?
A will is a document executed by a person which disposes of his/her property after death. It generally names a personal representative to administer the estate. 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 should supply the person's date of death or the person's social security number to the Clerk upon deposit of the will, if this information is available.
Is it necessary for me to have an attorney?
Florida Rules of Probate Procedure 5.030 says:
(a) Required; Exception. Every guardian and every personal representative, unless the personal representative remains the sole interested person, shall be represented by an attorney admitted to practice in Florida. A guardian or personal representative who is an attorney admitted to practice in Florida may represent himself or herself as guardian or personal representative.
Are there different types of proceedings that can be filed, depending on the size of the estate?
There are 3 basic types of proceedings for administering the decedent's estate:
Formal Administration - This type of proceeding is used when it is necessary to appoint a personal representative to act on behalf of the estate because there are considerable assets or other special circumstances. The capacity in which the representative will act is determined by the Court at the time of the appointment and letters of administration will be issued to the representative so that he/she may complete the administration of the estate.
Summary Administration - Summary administration may be filed when the value of the entire estate does not exceed $75,000 or, that the decedent has been dead for more than 2 years. .
Disposition of Personal Property Without Administration - The disposition is filed to request release of assets of the deceased to the person who paid the final expenses, such as funeral bills or medical bills for the last 60 days. This procedure may be accomplished with the filing of a petition. The form required to file the disposition is available from the Clerk of Circuit Court in the Probate Division. This cannot include real property.
What happens if a person dies and has left no will?
The property will be distributed in accordance with Florida law.
What happens if there is a will filed, but no personal representative has been named?
It will be necessary for an attorney to petition the Court to appoint a personal representative to administer the estate.
How are probate proceedings initiated?
Probate proceedings are initiated with the filing of a Petition by an interested person asking to be appointed personal representative and/or distribute property depending on size and complexity of property. The Petition is normally prepared by an attorney. The appointed person will be responsible for the estate until all bills are paid and the balance of the estate is distributed to the rightful beneficiaries.
What type of paperwork must accompany the form for filing a disposition of personal property without administration?
The following must be provided:
- If the decedent has a will, it must be filed with the Clerk of Circuit Court within ten days of the notice of death.
- Itemized, paid funeral bill. Receipt must identify individual paying bill.
- Paid receipts for any medical expenses incurred sixty days prior to death.
- Death certificate.
- Specific information regarding the type of asset to be released.
- Identification of the person filing.
- Filing fee as set by Florida Statute.
The Court will enter an Order either allowing or disallowing the release of the assets. A certified copy of the Order is then mailed to the petitioner.
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