April 24, 2009 ALERT ON HB 1121
HB 1121 may be placed on the Florida House of Representative’s calendar next week for a vote. We are urging that citizens in Collier County contact their local legislators by email and by telephone immediately to voice their opposition to HB 1121. The bill proposes changing the fundamental constitutional office of the Clerk of Courts by: 1. Changing the appropriations and budgeting process 2. Transferring the Clerk’s duties to the Courts 3. Placing a 2 year moratorium on technology spending
Please send an emailand make a telephone call to your local legislators today stating your opposition to HB 1121.
Let’s keep an independent, publically elected, Clerk of Courts to serve the public interest.
Thank you for your active support.
Respectfully,
Dwight E. Brock
Clerk of the Circuit Court, Collier County
PS. By clicking on the email link you can send a note to all legistators at the same time. Telephone numbers are available by clicking on telephone.
March 9, 2009 Citizens Alert: Power Grab Threatens Checks and Balances
Dear Collier County citizens,
Last week, the Florida Legislature introduced a bill, SB 2108 and HB1121 proposing to shift court related services and responsibilities from the Clerk of the Circuit Court to Court Administration, an organization which reports directly to the Judiciary. This change, if adopted, would eliminate the system of checks and balances in government as we know it today.
The Clerk of the Circuit Court, an elected official, has historically performed the court related services on behalf of the citizens and, in the process, ensured that a system of checks and balances was in place and operated in the public interest. This system of government has worked well for the citizens of Florida for over 100 years.
In addition, the bill would have wide ranging impact on who collects, disburses and uses court fines and fees to fund the Florida court system. If passed, the judges would have the ability to set and collect fines and/or fees and then allocate those same funds to pay for their salary, support staff and office expenses. The term “cash register justice” describes what could potentially result if this legislative effort is successful. All control of the court system would then be in the hands of the lawyers and the judges. It is likely this change will result in higher taxes to support the larger court system and bureaucracy.
Finally, the bill was filed by Representative Ellyn Bogdanoff right before the legislative session began with little public knowledge or debate.
As a concerned citizen and public official, I urge you to contact your local legislator and Governor Crist today and tell them that you want checks and balances in state government, including the court system, and that you support an independently elected Clerk of Courts who performs these functions on behalf of the public.
I ask you to send an email, letter or make a telephone call to your local legislators today.
In this note I have included a link to the proposed legislation and legislator contact lists for your convenience.
Respectfully,
Dwight E. Brock, Clerk
Contact Lists:
Local Legislators Email List(one click to populate all for emails for LL) FL Senators and Representatives (email list) Email Naples Daily News Email The News-Press
Related Articles:
Let’s Not Give Judges More Power; Kill HB 1121 By Matt Walsh Gulf Coast Business Review, March 13 -19 2009
Power Grab Threatens Checks and Balances By Dwight Brock, Clerk, Collier County, NDN Essay March 13, 2009
Florida Public Defender Association, Inc. Letter of Support March 11, 2009
Common Cause Opposes House Bill 1121 and Senate Bill 2108 Press Release March 10, 2009
Florida Prosecuting Attorneys Association Letter of Support March 9, 2009
Rep. Seeks to Hold Clerks Accountable, By Brent Batten, NDN, March 8, 2009
Clerk Serve as Essential Public Function Tampa Tribune, March 5, 2009
Court Clerks Assailed in Tallahassee By Brent Batten, NDN, March 5, 2009
Video: Dwight Brock NDN Interview on HB 1121 March 2, 2009
Clerks ask Supreme Court to keep judges from sealing cases by Matthew Doig, Herald Tribune, September 8, 2006
Clerks of Court Fact Sheet
Clerks of Court Fact vs. Myth
Clerk of Court Comparative Views about Article V Budgeting
February 2, 2009 Update: Board of County Commissioners vs. Clerk of Courts Case No. 2D08-3126
On January 30, 2009, the District Court of Appeals of Florida, Second District, issued its opinion reversing the original order of the Trial Court and directed the Trial Court to enter judgment in favor of the Clerk, pursuant to the opinion.
On June 18, 2008, the Trial Court entered its order in a case brought against the Clerk of Court by the Board of County Commissioners of Collier County.
Office of Community Outreach Clerk of the Circuit Court, Collier County
Related Articles: Appeals court rules Collier Clerk has right to invest interest by Aisling Swift, NDN, 3:45 PM 2/4/09 On The Mark: Plain and simple reading of the law by Mark Strain, Collier Citizen, 2/4/09 Appeals Court rules Collier Clerk has legal right to investment interest by Aisling Swift, NDN, Updated 9:22 PM, 2/4/09
Office of Community Outreach Clerk of the Circuit Court, Collier County
January 23, 2009 Increased Traffic Fees Take Effect February 1st
The Florida Legislature has passed a bill which increases traffic citation fees across the board. Govenor Charlie Crist is expected to sign the measure which goes into effect on February 1st, 2009.
Dwight E. Brock, Clerk of the Circuit Court of Collier County, wants the public to be aware of these increases and that all of additional monies collected will be sent directly to the State of Florida to help fund the state court system. None of the additional revenue will remain in Collier County.
On February 1st, all moving and non-moving traffic fines will be increased by $10.00 and any citation issued for "excessive" speeding will be charged an additional $25.00. Also, the 18% fine reduction for someone who elects the driver school option has been eliminated. However, someone who elects the driver school option will still avoid points on their driver's license and adjudication will be withheld.
After January 30th, 2009 the public will be able to view all of the new fines and fees information on the Clerk's official website, CollierClerk.com.
For more information contact:
Bob St. Cyr Director Community Outreach Clerk of the Circuit Court, Collier County 3301 Tamiami Trail East Naples, FL 34112 (239) 252-6879 (phone) (230) 252-8838 (FAX)
May 30, 2008 Form DR-219 No Longer Required
Effective June 1, 2008, Section 201.022 F.S. has been repealed. Form DR-219 (Return for Transfers of Interest in Real Property) is no longer required when a deed is recorded.
Please note that documentary stamp taxes are not affected by the repeal the remain in effect as before.
July 16, 2007 Email addresses
Under Florida law, email addresses are public record. If you do not want your email address to be released in response to a public records request, do not communicate with this entity via electronic mail. Please contact the office by telephone or in writing.
July 13, 2007 Fines, fees and driving privileges
Beginning Monday May 14, 2007 if you have a criminal conviction (or withholding of adjudication) in Collier County, including misdemeanor and felony offenses and have not paid your fines and costs as ordered by the Court or already signed up for a collections payment plan, or if you are not currently paying through the probation departments, the Clerk of the Circuit Court will begin to notify the Department of Highway Safety and Motor Vehicles of your status and request that your privilege to drive in Florida be suspended pursuant to Chapter 322.245, Florida Statutes.
In order to avoid the suspension of your license, you must contact the Collections Department of the Office of the Clerk of the Circuit Court immediately. The Collections Department is located in the Collier County Courthouse on the first floor. You may call a deputy clerk in the Collections Department at (239) 252-2649 and make arrangement to make payments.
July 12, 2007 Right of Redaction - In Accordance with Florida Statute 119.0721-5c
Any person may request the Clerk to remove any social security number from an image of an official record available on the Clerk's public Internet website or otherwise made electronically available to the general public. Such request must be made in writing and delivered by mail, facsimile, or electronic transmission, or delivered in person, to the Clerk of Courts Recording Department. The request must specify the identification page number that contains the social security number to be redacted. No fee will be charged for the redaction of a social security number pursuant to such a request.
July 11, 2007 Right of Redaction - Court Documents
On or after October 1, 2006, any person preparing or filing a court document may not include a social security number, complete bank account number, debit, charge, or credit card number in such document, unless required by law or court rule, or necessary to the adjudication of the case. Any person may request the Clerk of Courts to remove from an image or copy of a court document any social security number, complete bank account number, debit, charge, or credit card number contained in a court document. Such request must be made in writing and delivered by mail, facsimile, electronic transmission, or in person to the Clerk. The request must specify the case number, title of the document, and any identifying page number of the document containing the number to be redacted. A fee will not be charged for the redaction pursuant to such a request.
July 10, 2007 Article V - Amended
On November 3, 1998, the voters of the State of Florida passed Revision 7 which amended Article V of the Florida Constitution. Article V deals with the state's Judicial Branch. Significant changes in the way the Florida courts are to be funded were among the changes made by Revision 7. Links to general information related to Revision 7 and Article V, are presented on this page. The Collier County Clerk of the Circuit Court's funding changes for the Judicial Branch went into effect on July 1, 2004. NOTICE EFFECTIVE: JULY 1, 2004 Proposed Amendments to Article V The Florida Constitution - Article V Justice for All Floridians Florida Courts FACC
July 9, 2007 Florida Supreme Court
Pursuant to Florida Supreme Court Administrative Order AOSC03-49, electronic access to court records shall be removed from this website except as specifically provided by this order. The Collier Clerk of the Circuit Court shall comply with AOSC03-49 and discontinue our current Internet access to court records no later than January 1, 2004. Our office shall, at the earliest possible date, provide electronic access to that information as defined by the court as an “exception” and shall at that time make it available on the Internet. Public court records remain available for your review in our offices. This administrative order does not affect Official Records (land records). Dwight E. Brock Clerk of the Circuit Court NOTICE EFFECTIVE: JANUARY 1, 2004 02/13/2004, Florida Supreme Court Amended Order: No.AOSC04-4 11/25/2003, Florida Supreme Court Order: Press Release Supreme Court of Florida Administrative Order: No.AOSC03-49
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