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FORECLOSURE

WHEN ARE FORECLOSURE AUCTIONS HELD FOR THE PUBLIC?
Sales for foreclosed properties may be held Monday through Friday at 11 am in the third floor lobby of the Courthouse Annex of the Collier County Courthouse.
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HOW CAN I FIND FORECLOSURE SALES BASED OB SALE DATE?

By using the View Court Events option in Showcase Web.

How to Search Foreclosure Sales by Date

What if I want to view a Foreclosure case?

Foreclosure cases may be viewed by the public using the ShowCase system available through our website: https://www.collierclerk.com/records-search/court-records or on the computer kiosks in the Clerk’s Customer Service areas on the 1st and 3rd floors of the Courthouse Annex at 3315 Tamiami Trail East, Naples, Florida 34112. The office is open to the public from 8:00 A.M. to 5:00 P.M., Monday through Friday.

Copies of court document images can be printed, from either kiosk location, for a fee as designated by applicable Rules of Court and/or Florida Statutes.

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WHEN AND WHERE ARE FORECLOSURE ANNOUNCEMENTS PUBLISHED?
The Foreclosure Department publishes a Notice of Sale for each case in a local newspaper circulated in Collier County (i.e. Naples Daily News, Business Observer) once a week for two consecutive weeks, at least 5 days prior to the sale.
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HOW DO I FIND OUT THE PHYSICAL PROPERTY ADDRESS OF A FORECLOSED PROPERTY?
You must do your own research.

The Clerk's office uses only legal descriptions and case numbers in recording foreclosure cases.  By using the legal description or case number you can often learn the owners name or the street address of the property by conducting a search of the Property Appraiser's website or by visiting their office.  The Property Appraiser's records will also show improvements to the property, if any.
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WHERE WOULD I FIND OUT IF TAXES ARE OWED ON A FORECLOSED PROPERTY OR IF THERE ARE ANY OUTSTANDING LIENS OR OTHER FINANCIAL OBLIGATIONS ON A PROPERTY?
You must do your own research.

The status of County Property Taxes can be checked at the Tax Collector's Office.

The Clerk's Office assumes no responsibility for any encumbrances (judgments, mortgages, taxes and other liens) on any property offered for sale and it is in your best interest to have a Title search done by an Attorney or Title Company.  However, you may begin your search online at OfficialRecords or at the public kiosks available in the Clerk's Recording Department on the 2nd floor of the Courthouse Annex.
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WHEN IS A NEW OWNER ABLE TO GAIN ACCESS TO A PROPERTY?
It is possible you will have to take legal action to get possession of a property.  Until the court grants possession of the foreclosed property, you may not have access to the property without permission of the owner.  The Clerk's Office assumes no responsibility for the availability of any property offered for sale.
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WHAT ARE THE TERMS AND CONDITIONS OF THE FORECLOSURE SALE?
Anyone bidding at the sale should be aware of the non-refundable deposit due at the time of the sale. The successful bidder is required to deposit 5% of their final bid. The deposit shall be applied to the sale price at the time of payment.

If final payment, plus the appropriate clerk's registry fees is not made by 10:30 a.m. the next day, the clerk shall re-advertise the sale as provided in Chapter 45.031 of the Florida Statutes and pay all costs of the sale from the deposit. Any remaining funds shall be applied toward the judgment. According to Chapter 28.24 Florida Statutes, the funds will be placed in the court registry.

Any payment into the Registry of the Court must be tendered in cash, cashier’s check or money order and must be accompanied by payment of the clerk's registry fee of 3% of the first $500.00 deposited and 1.50% of each subsequent $100.00. The successful bidder must have the deposit money with them at time of the sale.

The balance is due by 10:30 a.m. the next business day unless the final judgment states otherwise.
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WILL THE CLERK ISSUE A DEED?
The purchaser of property will be issued a Certificate of Title. This title contains no warranties.
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WHEN IS THE CERTIFICATE OF TITLE OFFICIALLY RECORDED?
The Certificate of Title will be recorded on the eleventh day after the sale.  If the tenth day is a non-business day, the next business day will be treated as the tenth day.  The defendant has ten days to object to the sale.  If objections are filed, the Judge will rule at a hearing as to whether or not a Certificate of Title is to be issued.  If the defendant files bankruptcy, the Clerk may be stayed from issuing a Title or taking any action, pending further order of the Court.
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AM I REQUIRED TO PAY DOCUMENTARY STAMPS ON THE SALE PRICE OF THE PROPERTY?
If you should purchase any foreclosure property, you will be required to pay a Documentary Stamp Tax pursuant to F S. Chapter 201.  Pursuant to Florida Administrative Code 12B-4.013(3)(a) Documentary Stamp Tax is to be computed on the amount of consideration paid which is the highest and best bid received for the property at the foreclosure sale.
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FOR LEGAL ADVICE, CONSULT AN ATTORNEY.
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DOMESTIC VIOLENCE

WHAT IS DOMESTIC VIOLENCE? 
Domestic Violence includes any aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking or any criminal offense resulting in a physical injury or death of one of the family or household member by another who is or was residing in the same single dwelling unit.
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HOW DO I FILE A PETITION FOR INJUNCTION OR RESTRAINING ORDER?
An injunction is a court order, also referred to as a restraining order, that directs a person not to have contact with you.

The SAFE House, a local shelter, has a volunteer office in the Courthouse, and can be reached at 239-775-1101. Volunteers will assist in completing forms, providing counseling, and obtaining emergency shelter at the SAFE House.

Once the forms are completed, the Domestic Violence Department will file a petition for the judge to review. If the Court determines that you are in danger of being victimized, a deputy clerk will prepare a temporary injunction order for the judge to sign. It is possible that this can be accomplished on the same day you file your petition. A temporary injunction is valid for up to 15 days.

There is NO filing fee.

While the temporary injunction is in effect, a court hearing will be scheduled to determine if a permanent injunction should be entered against the person committing the acts of violence. The permanent injunction will remain in effect indefinitely, or until dissolved by the Court.

Any violations of the terms of the injunction should be reported, in person, Monday – Friday before 4pm, to the Domestic Violence Department located at:

Clerk of Courts Office,
Collier County Courthouse Annex, 3rd Floor
Collier County Courthouse

or

Immokalee Clerk of Courts Satellite Office
106 South First Street
Immokalee, Florida 34142
Telephone: 239-657-2689.
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WHERE CAN I FILE AN INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE?
A Petition for Injunction for Protection against Repeat Violence should be filed with Domestic Violence Office located : Clerk of Courts Office,
Collier County Courthouse Annex, 3rd Floor
Collier County Courthouse

or

Immokalee Clerk of Courts Satellite Office
106 South First Street
Immokalee, Florida 34142
Telephone: 239-657-2689. 

Note: During weekends and holidays, assistance may be sought at the Collier County Sheriff's Office, located on 3301 Tamiami Trail East, Bldg. J, beginning at 8:00 a.m.

Dating Violence (La Violencia Contra las Mujeres)

Dating violence is when one person purposely causes physical or psychological harm to another person they are dating, including sexual assault, physical abuse, and psychological/emotional abuse.It is a serious crime that occurs in casual and serious relationships, as well as heterosexual and same-sex relationships.
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PROBATE

WHAT IS PROBATE? 
Probate is a legal process through which the assets of a deceased person are properly distributed to the heirs or beneficiaries.
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WHAT ARE PROBATE ASSETS? 
Generally, probate assets are those assets in the decedent’s sole name at death or otherwise owned solely by the decedent and which contains no provision for automatic succession of ownership at death.
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WHAT DOES ‘‘PROBATING A WILL" MEAN?
"Probating a will" means taking all the legal steps necessary to assure a will is valid and to admit the will to a probate process.
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WHAT DOES "PROBATING AN ESTATE" MEAN?
Probate is a legal process provided for by Florida law which determines the value of a deceased person’s property and its distribution to heirs. Probate proceedings take place in the Circuit Court of the County where the deceased property owner lived or maintained their place or dwelling.
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WHY IS PROBATE NECESSARY? 
Probate is necessary to dispose of the affairs the decedent leaves behind. Florida has had probate laws since becoming a state in 1845. Florida law provides for all aspects of the probate process, but allows the decedent to make certain decisions by leaving a valid will.
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WHAT IS A WILL? 
A will is a written directive controlling the disposition of property at death. The laws of each state set the formal requirements for a legal will.
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WHAT CAN BE ACCOMPLISHED BY A WILL?
You decide who gets your property instead of the law making the choice for you. 
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WHEN AND WHERE DOES A WILL GET FILED? 
Upon the death of a person, the custodian of the will must deposit the will with the Clerk of the Circuit Court within 10 days after receiving information that the person is deceased. The custodian must supply either the person’s date of death or the person’s social security number to the Clerk upon depositing the will.
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WHAT HAPPENS WHEN THERE IS NO WILL?
If you die without a will ("intestate" ), your real and personal property will be distributed according to a formula fixed by law. If you fail to make a will, the inheritance statue determines who gets your property. The inheritance statute contains a rigid formula and makes no exception for those in unusual need.
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MAY A PERSON DISPOSE OF THEIR PROPERTY ANYWAY HE OR SHE WISHES BY THE USE OF A WILL?
While any property may be transferred by a will, there are some particular interests in property which cannot be willed because the right of the owner terminated automatically upon his or her death, or others have been granted rights in the property by Florida law.
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HOW LONG DOES A WILL REMAIN IN EFFECT ?
A will stays in effect until such time that it is changed or revoked in the manner required by law. Changes in circumstances may make it advisable to rewrite a will to conform to a new situation.
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DOES A WILL INCREASE PROBATE EXPENSES? 
No. If there is property to be administered or taxes to be paid, or both, the existence of a will does not increase probate expenses. In either case, the probate court will have jurisdiction to ensure that it is transferred properly, either according to your will, or, if there is no will, in accordance with the inheritance statute.
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HOW MANY DIFFERENT TYPES OF PROCEEDINGS ARE THERE FOR ADMINISTERING AN ESTATE?
Generally, there are three basic proceedings for administering an estate.

Formal Administration: Used when there are considerable assets and it is necessary to have a personal representative appointed to act on behalf of the estate.

Summary Administration: Available if the value of the estate, subject to probate in the State of Florida (less property which is exempt from the claims of creditors), is not more than $75,000, or the decedent has been dead more than two years.

Disposition without Administration: Available if the estate assets consist solely of exempt property and non-exempt personal property, where the combined value does not exceed the total required to pay the funeral expenses, plus all reasonable and necessary medical and hospital expenses incurred in the last 60 days.
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WHERE ARE PROBATE PAPERS FILED?
Probate papers are filed with the Clerk of the Circuit Court, generally in the county where the decedent lived.

The clerk assigns a file number and maintains a docket sheet which lists all papers filed with the Clerk for the administration of that probate.
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WHO PRESIDES OVER PROBATE PROCEEDINGS? 
A Circuit Court Judge. The judge appoints the personal representative, issues "letters of administration", holds hearings when necessary, and resolves all questions raised during the administration of the estate.
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WHO CAN BE A PERSONAL REPRESENTATIVE?
The personal representative could be an individual, bank, or trust company, subject to certain restrictions.
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WHO HAS PREFERENCE TO BE PERSONAL REPRESENTATIVE?
If the decedent left a valid will, the designated personal representative nominated in the will has preference to serve.

Note: FAQ's for Probate were extracted and abbreviated from "Do You Have a Will?" and "Probate in Florida" published by the Florida Bar.
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GUARDIANSHIP

WHAT IS GUARDIANSHIP?
A guardianship is a legal proceeding in the Circuit Court of Florida, where a person appointed by the court, as guardian, will be able to exercise the legal rights of an incapacitated person who is referred to as a ward. The ward being incapacitated due to age (under age 18) or those adults whose functional limitations prevent them from being able to make their own decisions.
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WHAT DOES THE TERM "WARD" MEAN?
A person who has some or all of his or her rights removed by the court and for whom a guardian has been appointed by the court.
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WHO MAY SERVE AS A GUARDIAN?
Any adult resident of Florida can serve as a guardian. A relative of the ward who does not live in Florida can also serve as guardian. Persons who have been convicted of a felony cannot be appointed.

Institutions such as a bank trust department, a nonprofit religious or charitable corporation, a professional guardian or a public guardian can be appointed guardian. The court gives consideration to the wishes expressed by the incapacitated person in a written declaration of a pre-need guardian or at the hearing.
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IS A GUARDIANSHIP THE ONLY MEANS OF HELPING AN INCAPACITATED PERSON?
No. Florida law requires the use of less restrictive alternatives to protect persons incapable of caring for themselves and managing their financial affairs whenever possible. If a person creates an advance health care directive and a durable power of attorney or revocable living trust while competent, he or she may not require a guardian in the event of incapacity.
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HOW IS AN ADULT DETERMINED TO BE INCAPACITATED?
An adult may file a petition with the court to determine another person's incapacity by setting forth factual information upon which they base the belief that the person is incapacitated. The court then appoints a committee of three professionals to examine the alleged incapacitated person and report their findings to the court.

The court will appoint an attorney to represent the person alleged to be incapacitated unless the person is represented by their own attorney. If the examining committee concludes that the alleged incapacitated person is not incapacitated in any way, the court will dismiss the petition.

If the examining committee finds the person to be incapable of exercising certain rights, the court schedules a hearing to determine whether the person is totally or partially incapacitated. A guardian is usually appointed at the end of the incapacity hearing.
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WHY A GUARDIAN FOR A MINOR?
A child's parents are the child's natural guardians and in general may act for the child. In circumstances where the parents die or become incapacitated or if a child receives an inheritance, proceeds of a lawsuit or an insurance policy exceeding $15,000, the court must appoint a guardian.

Both parents or a surviving parent may make and file a written declaration with the Clerk of Courts, naming a guardian of the child's person or property to serve if both parents die or become incapacitated. A guardian may also be designated in a will in which the child is a beneficiary.
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MUST A GUARDIAN BE REPRESENTED BY AN ATTORNEY?
Yes. The Florida Probate Rules require that every guardian be represented by a Florida bar attorney.
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ARE FILING FEES AND AUDIT FEES APPLICABLE?
Yes. See the Clerk of Courts Court Division Fees.
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WHAT DOES A GUARDIAN DO?
The guardian of the ward's person may exercise those rights that have been removed from the ward and delegated to the guardian by the court. These may include providing medical, mental and personal care services and determining the place and kind of residential setting best suited for the ward. The guardian of the person must file an initial plan for the ward's care and then an annual plan detailing the plans for the ward's care.

A guardian who is given authority over any property, real or personal, of the ward shall inventory the property, protect, preserve and invest it prudently and use it for the ward's support. The guardian is required to account for the property by filing a detailed inventory and then conduct annual accounting reports with the court.

In addition, the guardian must obtain court approval for certain financial transactions.
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IS A GUARDIANSHIP PERMANENT?
Not necessarily. If a person recovers in whole or part from the condition that caused him or her to be incapacitated, the court will have the ward re-examined and can restore some or all of the person's rights.
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IS A GUARDIAN ACCOUNTABLE?
Yes. Guardians are usually required to furnish a bond and may be required to complete a court approved training program. A guardian who does not properly carry out his or her responsibilities may be removed.
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DOES ANYONE CHECK THE ACCURACY OF THE REPORT AFTER THEY ARE SUBMITTED TO THE COURT?
The Clerk of Courts is required by Florida Statute to review the plans, inventories and accounting reports. Once the reports are audited by the Clerk of Courts, they are forwarded to the Court for review and approval.
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WHAT IS THE GUARDIANSHIP AUDITOR'S ROLE?
The auditor reviews the reports filed for errors and potential fraud. The guardianship cases involve millions of dollars in assets. The most common audit issues involve non-payment of fees, missing assets, income and possible fraud. The audit process not only helps protect the ward but also the guardian by making the guardian accountable to the court.
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MINUTES & RECORDS

Can I view the Board of County Commissioner’s minutes online?
The BCC minutes are available online (1980-current) on the Clerk’s website and older meeting minutes are available only on microfilm (1923-1979).  All transcripts, agendas (executive summary), recaps and backup documentation are available online.
Do you have a copy of the current and past Land Development Code
We have all of the county’s validated ordinances available online and at our office on microfilm, with the current year available in paper format.
Do you have current zoning maps for Collier County?
The Collier County Addressing/Graphics Department supplies the Clerk’s Office with the most current zoning maps for Collier County.  These are also available online for public viewing.
Can someone help me find a copy of a Satisfaction of Lien?
All documents approved by the BCC come through this office for placement into the record of their meetings. They are available online and/or microfilm.
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LOBBYIST REGISTRATION

Can I check to see if someone is a Collier County registered lobbyist?
Lobbyists that speak before the BCC, county officials, or the advisory boards are required to register with the Clerk’s office annually before lobbying on their client’s behalf.  There is a registration fee required for each fiscal year (October through September).
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VALUE ADJUSTMENT BOARD 

Can I file an appeal to my proposed property taxes?
The VAB process begins following the mailing of the Truth in Millage Notice (TRIM) by the Property Appraiser’s Office in August of each year. Petitions are filed in the BMR office and requires a filing fee per petition filed.
What County agencies are involved with the VAB process?
BCC, School Board, Property Appraiser, Clerk, and Tax Collector. 
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JURY

How was my name selected for Jury service?
Your name was selected at random for jury service from the Department of Highway Safety and Motor Vehicles database of licensed drivers and holders of Florida Identification Cards of Collier County residents.
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Are all licensed drivers eligible for jury service?
No. To qualify as a juror, a person must be at least 18 years of age, a citizen of the United States, a legal resident of the State of Florida and have an address in Collier County.
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Can I serve as a juror if i am not a licensed driver?
Yes, if you are 18 years of age or older, a citizen of the United States and a legal resident of the State of Florida with an address in the County of Collier and you have a desire to serve as a juror, you may come into the Clerk's Office and execute an Affidavit to apply for jury duty. Your name will be added to the database of qualified prospective jurors.
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Is everyone qualified to serve as a juror?
No. The Governor and Governor's cabinet, the Sheriff, the Clerk of the Circuit Court and Judges are disqualified as jurors.

Persons who are under prosecution for any crime or who have been convicted in Florida or any other state, territory or country or in any federal court of bribery, forgery, perjury, larceny, or any other offense that is a felony in the State of Florida are not qualified to serve as jurors unless their civil rights have been restored.

Additionally, any person with an interest in an issue to be tried cannot sit as a juror in the case where the issue will be tried.
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Can I be excused from jury duty?
You may request to be excused from jury duty if you are full-time federal, state or local law enforcement or investigative personnel; an expectant mother or a parent who is not employed full time and who has custody of a child under six (6) years of age; or a person responsible for the care of a person incapable of caring for his/her self.

Other persons who can demonstrate hardship, extreme inconvenience or public necessity may also request to be excused by the court. A person who is summoned and has reported as a prospective juror is exempt from jury service for a minimum period of one year.
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What is the role of the prospective juror?
Jury service is essential to the functioning of our judicial system and to the operation of our entire system of government. Jury service is the duty of all qualified individuals because we all enjoy the privileges of citizenship and the protection of our liberty and property afforded by the judicial system. Jurors perform the crucial task of deciding the case upon the evidence, which the lawyers present and by applying to that evidence the law upon which the Judge instructs them.
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Where will I serve as a juror?
Jury trials are held in the Collier County Courthouse 3301 Tamiami Trail East, Collier County, Naples, Florida. If you have been summoned for jury service, your Juror summons will list your reporting location.  Almost all jury trials are held in Collier County; however, a rare occurrence may allow a Collier County Jury trial to be held in another county within the circuit.
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How long will I serve as a juror?
In Florida, if selected as a Juror, you will be required to serve the length of one trial unless otherwise directed by a Judge.
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Will I be paid to serve as a juror?
Jurors are paid in accordance with Florida law. If you are regularly employed and receive regular wages while serving as a juror, you are not entitled to be paid for the first three days of your service. If you are not regularly employed or you don't receive regular wages during your service, you will be compensated at the rate of $15.00 per day for the first three days of service. Each juror who serves more than three days is entitled to be paid $30.00 per day for the fourth day of service and each day thereafter.
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How can I make my service more comfortable?
For your comfort, you may wish to observe the following guidelines when reporting for jury service: Dress: Appropriate business attire is required. Shorts, abbreviated tops, beach or evening attire are not acceptable. Temperature: Court facilities are air conditioned and often become chilly. For your comfort, you may wish to bring a sweater or jacket with you. Beverages: Coffee and tea are available.
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Where can I get additional information?
If you would like to speak to someone about jury service, call (239) 252 -8335.
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REPORTING FRAUD

Why does the Clerk of the Circuit Court have a Fraud Reporting System?
The Clerk of the Circuit Court has the constitutional responsibility as custodian of all county funds. While routine audits by the Internal Audit staff are essential to uncovering fraud, the Clerk’s office also relies on information from the general public and employees of applicable agencies (employees) as a tool for detecting fraud and other violations.
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Who should use the Fraud Reporting System? 
Members of the public and employees are strongly encouraged to report suspected instances of fraud that they may have witnessed or of which they have knowledge. 
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What should be reported? 
Members of the public and employees should report any violations of federal, state, or local laws, rules, or regulations and suspected fraud.  Please see “What is Fraud?” for a definition and examples.
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What is fraud?
Fraud is defined as intentionally deceiving or misleading others with the intention of personal or financial gain, the concealment of something that should have been disclosed, or other fiscal improprieties.  Examples include, but are not limited to:
  • Theft or misappropriation of funds, supplies, or other assets
  • Impropriety in the handling or reporting of money or financial transactions
  • Disclosing confidential and proprietary information to outside parties
  • Accepting or seeking anything of material value from contractors, vendors, or persons providing services/materials
  • Unauthorized destruction, removal, or use of records, furniture, fixtures, and/or equipment
  • Conflicts of Interest
  • Use of county assets for personal gain
  • Forging or altering official documents 
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What should NOT be reported?
General complaints, suggestions, personnel issues, sexual harassment, or discrimination should not be reported as fraud.  Instead, members of the public and employees are encouraged to use other options at their disposal, including talking to a supervisor or contacting the Human Resources Department for the applicable agency. In addition, threats of workplace violence, emergencies, or situations in which public or employee health and safety is at risk should be reported immediately to management, the appropriate law enforcement agency, or 911. 
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What information should be provided? 
Members of the public and employees should describe their concern(s) with as much detail as possible, including: 
  • Names of individuals/departments and how they were involved
  • Names of other witnesses to incident(s)
  • Date(s), time(s), and location(s) the incident(s) occurred
  • Supporting documentation such as memos, e-mails, pictures, contracts, other potential witness contact information or any other information you believe substantiates your concern 
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What happens after I submit a report?
Once a report of suspected fraud is received, the Internal Audit Department reviews the information to determine if an investigation is warranted.  The individual who reported the fraud will remain anonymous during an active investigation, unless the individual chooses to identify himself or herself. - F.S. 112.3188.
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What happens if a report is found to be untrue?
If a report is not substantiated or is refuted, the investigation is closed and no further action is taken.
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What happens if a report is found to be true?
If the reported fraud is substantiated, then the results of the investigation and any recommendations are documented in a report issued to the Clerk of the Circuit Court.  The Clerk will make referrals to the appropriate law enforcement agency or State Attorney’s office, as necessary.
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PUBLIC RECORDS REQUESTS

Is it possible to view or get copies of public/official records by making a public records request
Yes. It is the policy of the state of Florida that all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency in accordance with Florida Statute 119. Public records requests apply to all court records as provided in the court rule 2.420 Public Access to Judicial Branch Records. Also, Florida Statute FS 286.011 governs public access to public meetings.
 
Collier County Clerk of Courts: Public Records Policy
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Latest Announcements

February, 2017
Clerk's New Website Redesign
 
February 9th, 2017
Final VAB Meeting Notice March 6th, 2017
 
February 23rd, 2017
Free Public Seminar - Residential Tenant Evictions
 
2017 Pelican Bay Services Board
Residential Applications
 
January1 to January 31, 2017
10,353 invoices paid to 2,582 vendors totaling $68,332,259.96
 

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