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E-Filing - General

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1. What are the system requirements for E-Filing?

• Windows XP or Higher PC or Mac.
• Microsoft Word, Corel WordPerfect, and Adobe Acrobat PDF formats are supported.
• Internet Explorer 7.0 or above, Firefox 3.0 or above, and Safari 3.1.2 or above.
• The site does not officially support Chrome or Opera, but both may work. If not, please switch to an approved browser.

2. How can I access the E-Filing Portal?

View the Florida Courts E-Filing Portal. A username and password are required to access the system, and registration is available on the E-Portal website. Law Enforcement agencies need to contact the Florida Court Clerks and Comptrollers’ (FCCC) Help Desk to have an administrator set up access. FCCC can be reached via phone at 850-577-4609 or email FCCC. Registration in the portal covers all counties and circuits in the State of Florida.

3. Who do I contact if I have a problem E-Filing?

E-Filing problems should be directed to the Florida Court Clerks and Comptrollers’ (FCCC) Service Desk. Email the FCCC. For inquiries regarding the process, please contact the appropriate department.

4. What Administrative Orders and Directives is E-Filing operating under?

Specific attention to the Statewide Standards will prove especially useful for minimizing E-Filing effort in your office. You can read more on the Florida State Courts Electronic Filing Committee (EFC) website.

Additional Information

• AOSC09-30 established Statewide standards for electronic access
• AOSC10-7, rules for attorneys during E-Filing test periods
• Statewide Standards for Electronic Access to the Courts

5. Where can I find more information about E-Filing?

In addition to finding more information on the Florida State Courts Electronic Filing Committee (EFC) website, there are additional frequently asked questions on the Florida Courts E-Filing Authority web page. You can also access step-by-step training videos at the Florida Court Clerks and Comptrollers’ YouTube channel.

6. Can I use electronic signatures?

Check out the standards and rules that allow it. It could save you a few steps like printing, signing, and scanning; not to mention cost savings on paper, ink, and your time!

Resources

• Florida Supreme Court Standards for Electronic Access to the Courts (PDF) - Electronic Signatures
• Rules of Judicial Administration - Rule 2.515 Signature of Attorneys and Parties

7. What are the document standards when E-Filing?

The Florida Courts E-Filing Authority issued a Document Submission Standards to be followed in preparing documents for E-Filing through the E-Filing Portal. This document is available on the courts’ training manuals and materials page.

8. Why can’t we submit color images? Is it related to TIFF images?

You may submit color images, but any deviation of the standards may result in processing delays and could require documents to be resubmitted in black and white. Our systems use TIFFv4, which only supports black and white images as they take up less storage space.

9. Can cases be researched in the portal?

No. For Polk County, you can use the public records page or visit our offices to access case information via public view terminals.

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E-Filing - Process

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1. Can I E-File a summons or similar document requiring the Clerk to issue? (i.e. Writ of Garnishment, Writ of Replevin, Notice of Action, Subpoena, Default, etc.)

• Yes. You may submit a blank summons to the Florida Courts E-Filing Portal. For issuance by this office, select Document Group "Service Documents" and Document Type "Summons (to be issued by the clerk)". Attach your document, and you will see the statutory fee of $10 per summons that must be paid on the portal.
• We will issue one original, signed summons that will be tied to a progress docket entry titled "Summons Issued by Clerk" on the case. It will be made available on the case within 48 hours of acceptance of the filing. You may access your Polk County cases via Polk Records Online (PRO).
• The filer is responsible for printing and assembling the service packets for delivery to the sheriff or process server.

Note

If the summons is being filed on a confidential case, such as adoption or termination of parental rights in a family law case, the image may not be available from Polk Records Online. Please contact the department directly for copies.

2. Can I E-File Proposed Orders for the judge to review and sign?

No. Please submit hard copies of proposed orders, copies, and envelopes directly to the judge’s office. In the E-Filing portal, Polk County has no selection for orders or proposed orders. If a proposed order is attached to an electronically filed motion, it will be treated only as an attachment and filed accordingly.

3. Can service requests such as copy work, certified copies, or a record search be E-Filed?

Not at this time. These types of service requests are mailed to the appropriate department with any applicable fees.

4. Does the attorney have to send in paper follow up?

The Supreme Court gave approval for E-Filing in Polk County and discontinued the requirement for paper follow up by attorneys unless required by law. On occasion, the court requires the filing of original documents as contained in the following cited authorities. If you wish to file a copy of such a document electronically as well as manually filing the original hard copy, our office will accept both. Resources for the Florida Supreme Court Standards for Electronic Access to the Courts are available on its website.

• Florida Supreme Court Standards for Electronic Access to the Courts, Version 8 (Adopted June 2009, Adopted Modifications January 2013, page 16):
  "5.3. Original Documents or Handwritten Signatures. Original documents, such as death certificates, or those that contain original signatures such as affidavits, deeds, mortgages, and wills must be filed manually until further standards have been adopted."
• SC11-399, In reference: Amendments to the Florida Rules of Civil Procedure, the Florida Rules of Judicial Administration, the Florida Rules of Criminal Procedure, the Florida Probate Rules, the Florida Small Claims Rules, the Florida Rules of Juvenile Procedure, the Florida Rules of Appellate Procedure, and the Florida Family Law Rules of Procedure- Electronic Filing, Revised opinion, 10/18/12.
• Florida. R. Crim. P. 3.030(c)
  Deposit with the Clerk. Any paper document that is a judgment and sentence or required by statute or rule to be sworn to or notarized shall be filed and deposited with the clerk immediately thereafter. The clerk shall maintain deposited original paper documents in accordance with Florida Rule of Judicial Administration 2.430, unless otherwise ordered by the court."
• Florida. Prob. R. 5.043
  "Notwithstanding any rule to the contrary, and unless the court orders otherwise, any original executed will or codicil deposited with the court must be retained by the clerk in its original form and must not be destroyed or disposed of by the clerk for 20 years after submission regardless of whether the will or codicil has been permanently recorded as defined by Florida Rule of Judicial Administration 2.430."

5. What is the procedure for E-Filing documents that may contain confidential information?

Please consider the types of confidential information contained in filings and review the Rule of Minimization, Florida. R. Judge Administration 2.425, before filing. This rule states that sensitive information filed in court cases must be limited to the designated format, e.g., no portion of any social security or credit card number, the last four digits of any driver license or passport number, the year of birth of a person’s birth date, etc.

If such information is required as noted in Rule 2.425, Rule 2.420 provides the procedure for filing an appropriate Notice of Confidential Information within Court Filing.

If the information is not covered by the list of 20 items in Rule 2.420, you may wish to consider filing a Motion to Determine the Confidentiality of Trial Court Records.

6. Should I electronically submit the Certificate of Sale and Certificate of Title through the E-Portal?

No. Pursuant to Administrative Order Number 3-15.13 (Standard Procedures and Language in Foreclosure Proceedings; Electronic Foreclosure Sales in Lieu of On-Site Auctions; Writs of Possession), the Certificate of Sale and Certificate of Title shall be issued by the Clerk. Administrative orders from the 10th Judicial Circuit Court are available on its website.

Please do not electronically submit these documents to be issued by the Clerk through the Florida Courts E-Filing Portal. The Clerk will prepare them in compliance with the administrative order.

7. What should I do if I receive a "Case Number provided can't be verified" error message?

First, verify the case number entered to make sure it is correct. Try again. If you have the correct case number and you still receive the error message, email the Clerk Help Desk or call 863-534-4545.

8. For returns of service, does the summons (or other originals) need to be included or just mentioned in the Return of Service Affidavit?

Please refer to the statutory authority on what is required to be submitted as proof of return of service.

9. How do we handle the return of service back to the party who requested service?

The process server can E-File the return of service/affidavit of service and use the E-Service tab to ’copy’ in the person who requested service. They will receive a PDF version of the documents E-Filed.

10. Will court reporters still need to provide a paper transcript for appeals and depositions?

No, once the document is E-Filed, no paper follow up is required unless specified by statute.

11. How should the "Read and Sign" deposition transcripts be filed?

Any document that is required to have a handwritten signature can be scanned and E-Filed.

12. If mental health related paperwork must be filed within 72 hours, do we use the emergency checkbox?

Yes, these filings will route to a special queue for processing by the department.

13. If a filing is due for a court appearance the next business day, do we file it in court, E-File it, or both?

Due to time processing standards, documents may take up to three business days to appear on the case docket. In this scenario, it is best to file the document in court.

14. Do I need to file documents not related to the case file, such as an invoice?

No, only file documents that you would normally send to the Clerk’s office for filing in the case file.

15. If we have 35 returns of service, do we have to file these individually?

Yes. Each person served should be a separate document. However, you can have multiple documents under one case number as long as the file size does not exceed 50 megabytes.

16. Can HIPPA documents be E-Filed without the data being redacted?

Yes. You will need to indicate on the documents tab that the filing contains confidential information and comply with the provisions of Rule 2.420, Florida Rules of Judicial Administration, including filing the "Notice of Filing Confidential Information within Court Filing", if required. What you currently submit in paper form should follow suit when filing through the portal.

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Expunging a Record

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1. What qualifies me to have my case sealed or expunged?

If a defendant has ever been adjudicated guilty in a court of law on any county, state, or federal statute, he/she may not have a criminal case sealed or expunged.

2. If I qualify to have my case sealed or expunged, how long does it take?

At this time the Florida Department of Law Enforcement is taking between 6 to 10 months to issue a Certificate of Eligibility. Once the certificate is obtained and the proper documents are filed with the Clerk’s office, the State Attorney’s Office must approve, and the assigned division judge will make a decision and sign.

3. Where can I obtain the necessary paperwork to apply for my case to be sealed or expunged once I have obtained my certificate?

An attorney, paralegal, or law library will have the necessary forms. The Clerk’s office does not provide these forms and cannot act as your attorney and advise how these forms are to be completed.

4. If the State Attorney has dropped the charges on my case, why is it still showing when record searches are performed?

It is the responsibility of the defendant to request for a case to be sealed or expunged. A criminal case can be dropped by the state but this does not remove the case from our records.

5. Why can I only have one case sealed or expunged and not my entire criminal history?

Florida law states a defendant may have one case sealed or expunged in a lifetime.

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Guardianships

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1. Who can be a guardian?

A person 18 years of age or older who has an interest in the protection of the personal or property rights of the ward -may qualify to serve as a court-appointed guardian. A completed Application for Appointment of Guardian form must be submitted by the proposed guardian at the time a guardianship case is opened. The court will review the application to ensure the guardian will best serve the needs of the ward.

2. What are the responsibilities of a guardian?

• A guardian is appointed by the court to act in the best interest of the ward. The guardian may exercise only those rights that have been removed from the ward and delegated to the guardian.
• A guardian of the property manages the property of the ward. A newly appointed guardian is required to file an initial inventory of the ward’s assets within 60 days of his appointment.
• Subsequently, an annual accounting of the assets will be required.
• A guardian of the person is required to file an initial plan for the care of the ward within 60 days of his appointment. Subsequently, an annual plan is required to provide information to the court about the health and physical well being of the ward.

3. How do I become a guardian?

The most important step is to first contact an attorney that handles guardianship cases. The Clerk cannot give legal advice or advise you.

Resources

Some resources for guardians are available:

• Florida’s 10th Judicial Circuit
• Office of Public and Professional Guardians
• Polk Elder Care

4. Is a guardian subject to a background check prior to appointment?

• Both professional and non-professional guardians must be fingerprinted for a background check before being appointed as a guardian.
• The Polk County Sheriff’s Office obtains fingerprints by appointment only. Please call to make an appointment at 863-298-6200 or toll-free 1-800-226-0344.
• The Polk County Sheriff’s Office will submit electronic fingerprint records to the Florida Department of Law Enforcement to obtain a criminal record check.
• The guardian is responsible for payment of all fees.
• The results will be returned to the Clerk’s office where the information is held in a secure area and not subject to public record disclosure.
• The guardian should allow two weeks after fingerprinting for the results to be filed.
• View fees to be paid.

5. What are the filing and audit fees associated with guardianship cases?

• View the filing and audit fees.
• Audit fees are set by Florida Statute and based on the value of the ward’s assets.

6. How do I report suspected fraud, waste, or abuse in guardianships?

The law assigns the responsibility for auditing the guardianship reports to the Clerk of the Circuit Court. The court then reviews the Clerk’s audit report. If you suspect fraud, waste, or abuse of elderly, minor children and incapacitated individuals in a guardianship, please call our fraud hotline at 863-534-7776. You can report incidents such as:

• Forced removal of a ward from his/her home
• Isolation of the ward from friends and family
• Missing money or property
• Suspicious loans, funds transfers, or changes in bank accounts or lines of credit
• Suspicious purchase or sale of real estate or personal property

Please call the Department of Inspector General during business hours to speak to a professional auditor or report fraud online.

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Injunctions for Protection

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1. Where can I obtain an injunction?

You can petition the court for an injunction for protection by going to the Clerk of Court Family Law Department, 1st Floor, Polk County Courthouse in Bartow. The Clerk’s office will assist you in filing your petition and will take the file to a judge for his or her review. If the judge finds merit to the petition, he or she will enter a Temporary Order for Protection Against Domestic Violence.

If the violence occurs after regular business hours or on weekends or holidays you may call 911 to report the abuse. If the law enforcement officer determines that you need an injunction, a deputy clerk will be contacted. The deputy Clerk will assist you with a safety plan, which may include requesting injunction. If an injunction is needed, the deputy clerk will prepare the paperwork and will present it to the judge to be approved or denied.

2. What are the costs?

Under Florida Law, effective October 1, 2002, there is no fee to file for a domestic violence injunction for protection. Other petitions for injunction are subject to the standard circuit court filing fees.

3. What can the injunction do for you?

The injunction can provide such relief as the court deems proper, including:

• Restrain the violator from committing any acts of violence
• Award you temporary exclusive use of the home
• Award you temporary custody of your children - Establish temporary child support for minor children (if the violator has a legal obligation to do so)
• May order the violator to participate in counseling

4. What happens after the judge grants the temporary injunction?

The violator must be personally served with a copy of the petition, notice of hearing and temporary injunction. The formal hearing will be scheduled for court within 15 days. You and the violator are required to attend the hearing.

Any injunction granted by the court will be effective until further order of the court, unless the judge includes an expiration date. Either party may ask the court to modify or dissolve the injunction, and that decision is made by the judge.

Copies of all injunctions are placed on file with local law enforcement agencies and are entered into a statewide computer system.

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Marriage Licenses

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1. Who may apply for a marriage license?

• Both parties must be at least 18 years of age.
• Florida law exception: if the person is at least 17, has parental consent, and the older party to the marriage is not more than 2 years older than the younger party to the marriage.

2. Where consent is required, is consent of both parents required?

Yes, unless the parents are divorced and the custody and control are placed in one parent, then only the parent having such custody and control shall be required to give the written consent. All written consents must be acknowledged (notarized). If the parents have been granted shared parental responsibility, both parents must sign.

3. Is there a waiting period for issuance of the license?

Yes. There is a three day waiting period if either of the parties to the marriage is residents of Florida. This waiting period will be waived if both parties provide proof of having received premarital counseling from a provider who has been approved by the Clerk of the Circuit Court for Polk County. View the premarital course provider directory for approved providers. Couples who provide proof of having completed premarital counseling may obtain a marriage license and be married the same day.

4. Who are the approved providers of the marriage class in Polk County?

Check the premarital course providers directory.

5. Are blood tests and physical exams required?

No. The law requiring these tests was abolished on October 1, 1986.

6. Are there any other requirements?

• Yes, the law requires applicants to have read the Marriage Handbook and affirm that they have read it when applying for a marriage license. If either party has been married previously and is no longer married because of divorce or death of the spouse, you will need to provide the date (month/date/year) the divorce was granted or the spouse passed away in order to complete the marriage license application.
• Both applicants must appear with valid I.D. Acceptable proof of identification: 
  • Citizenship Certificate
  • Driver’s License
  • Florida State I.D. Card
  • Military Identification Card
  • Naturalization Certificate
  • Passport (picture on passport needs to look like the person)
  • Resident Alien Card
  • Visa
• You will need to know your Social Security Number.

7. Must I apply for a marriage license in the county where I live?

No, a marriage license may be applied for and solemnized in any Florida county.

8. Where can I apply for a marriage license in Polk County?

A marriage license may be obtained Monday through Friday, 8 am to 5 pm at the Marriage Division of the Clerk of Circuit Court’s Office on the first floor of the Polk County Courthouse in Bartow. Licenses also may be obtained at the Lakeland and Northeast branch Courthouses.

9. How long is a marriage license valid once it is issued?

The marriage must be solemnized within 60 days of issuance of the Marriage License. The ceremony can be performed anywhere in the State of Florida.

10. Who may perform marriage ceremonies?

• All judicial officers (Judges) of the State of Florida
• Clerks of Circuit Court and their deputies of the State of Florida
• Elders in communion with some churches
• Notaries Public of the State of Florida
• A regularly ordained minister or other ordained clergy
• In addition, the law provides that marriages may be performed among "Quakers" or "Friends", in the manner and form used or practiced in their societies

11. Who is a "regularly ordained minister"?

He/she is a minister who has been recognized in the manner required by the regulations of the respective denomination to perform marriage ceremonies.

12. May a marriage be solemnized without a license?

No, Section 741.08 F.S. states that the party solemnizing the marriage shall require a properly issued license before performing the ceremony.

13. When and who should return the license to the clerk?

A marriage cannot be officially recorded until the license is returned to the Clerk. It should be returned within 10 days after the wedding. The party who performed the marriage is responsible for returning the completed license.

14. Can I be married in the clerk's office?

Yes. Deputy Clerks are authorized and available during normal working hours to perform marriage ceremonies. The fee for this service is determined by Florida Statute and is available on the Fees page.

15. What is the fee for a marriage license?

The fee for a marriage license is listed in the service fee schedule.

16. Can I pay for a marriage license with a personal check?

No, payment for marriage licenses must be made by cash or credit card.

17. How does the online marriage application service work?

This online service enables customers to begin the process of applying for their marriage license, saving them time when visiting the Clerk’s office. Once the online application is submitted, the applicants will need to appear in person to complete the process. The information will be pending with the Clerk’s office until such time. After 90 days, the applicants’ information will expire from the system if no license is issued and the application process will need to start again. Visit our contact page to find the nearest location.

18. Who can use the online marriage application?

Any applicants who meet the requirements under Florida Law may use the online marriage application to begin the process.  For non-US citizens, the Social Security Number field must be filled out with the proof of identification number.  For example, if using a passport as proof of identification, enter the passport number into the Social Security Number field.

19. Why is the online marriage application requiring a social security number?

The collection of social security numbers is required per Florida Statute 741.04.  The applicant’s information is securely reported to the Bureau of Vital Statistics.

20. What happens after the online marriage application is submitted?

Once the applicants submit the application, a confirmation number will be provided.  Both applicants will need to appear in person within 90 days to complete the process.  Bring the valid ID entered in the application and the confirmation number to any of our three locations.  Before arriving, both applicants must read the Marriage Handbook located on the Clerk’s website.

21. How do I amend information on my marriage license?

Call 863-534-4000 if you find an error on your marriage license.  Also, if the license was issued prior to January 31, 2007, there will be a 24-hour timeframe before the couple can come in to the office to amend their license.  There is a fee to amend a marriage license, which varies due to several factors. Contact our office for details about your particular case.

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Misdemeanor Cases

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1. What is a misdemeanor of a criminal traffic 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:

• Criminal Mischief
• Passing Worthless Bank Checks
• Petit Theft
• Possession of Alcohol by a Minor
• Possession of Marijuana
• Prostitution
• Resisting Arrest Without Violence
• Simple/Domestic Battery

Criminal Traffic

Criminal Traffic charges include, but are not limited to:

• Driving Under the Influence
• Knowing Driving While License Privilege Is Under Suspension
• Leaving the Scene of an Accident
• Racing on the Highway
• Reckless Driving

Clerk Option - Fee in Lieu of Court

A program known as the Clerk Option may be available for individuals charged with:

• Driving While License Suspended, Revoked, or Canceled
• Driving Without a License
• No Valid Driver’s License
• Expired Registration

This option enables an individual to forgo a court appearance by entering a plea of nolo contendere and paying the mandatory cost of $228. By choosing this option and providing valid proof of compliance, the Clerk of Court can withhold adjudication. This option is authorized by Florida Statute 318.14(10)(a).

Commercial Driver’s License (CDL) holders are not eligible for this option, and it can only be exercised once in 12 months and no more than three times in a lifetime. 

Select the Clerk Option in 3 Easy Steps:

1. Obtain a valid driver’s license or registration at the nearest Tax Collector’s office. Polk County Residents, an appointment is required and can be made online at www.PolkTaxes.com. Outstanding fines must be paid or a payment plan established with the Clerk’s office before reinstatement is possible. 
2. Visit the nearest Clerk’s office to present the new driver’s license or valid registration and notify the clerk that you would like to exercise the Clerk Option. 
3. Pay a $228 fine. This fee must be paid in full. Payment plans are not an option.

This process must be completed at least 2 days before the first court hearing.

2. 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 one time without judge approval and must be done two days prior to your court date.

3. Who should I notify if my address changes?

It is your responsibility to notify the Clerk’s office of your current address, in writing, at:
Polk County Clerk of the Circuit Court, County Court Criminal
P.O. Box 9000
Drawer CC-10
Bartow, FL 33831

4. 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.

5. How do I find information about my case or other misdemeanor cases?

You may call the County Court Criminal Department, Monday through Friday, from 8 am until 5 pm for general information regarding court dates, judge/attorney assigned to a case, and responses to motions.

Most files are public record and can be viewed online.

6. What form of payment do you accept?

We accept cash, check/traveler’s check/money order, and credit card/debit card.

7. Who do I make the check or money order payable to?

Clerk of Court.

8. Where can I pay my court fine/fees and costs?

You may make your payments at any of our three locations.

9. 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.

10. May I file a document by fax?

The County Criminal Department will accept faxed documents. All parties using facsimile to file documents must make arrangements with each division for the payment of applicable fees before filing documents.

11. May I file pleadings after office hours?

No.

12. How do I get my bond money back now that my case has been disposed?

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 applied to any case that remains with payment due. Otherwise, the balance will be refunded to the depositor by mail, generally within 14 days of the close of each case.

13. How do I withdraw my plea?

You may want to seek the advice of an attorney. You may file a Pro Se motion with the sentencing judge. For more information, visit Florida Bar, select Member Services, select "The Florida Rules of Procedure are now online", select the Rules of Criminal Procedure, and then select Rule 3.170(I).

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Rule 2.420 Redaction Changes

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1. Why are the Clerks no longer responsible for redacting all confidential information (social security numbers, bank account numbers, other protected numbers) in circuit civil, county civil and small cl

On January 21, 2021, the Florida Supreme Court issued Opinion 20-1765, which amended Rule of General Practice and Judicial Administration 2.420 effective July 1, 2021. The opinion holds that 'in certain civil cases, the clerk of court does not have an independent responsibility to identify and designate information as confidential. Instead, that this the sole responsibility of the filer'. (emphasis added).

Thus, in Circuit Civil, County Civil and Small Claims cases (except those case types that are listed in the Viewable on Request in the Standards for Access to Electronic Court Records and Access Security Matrix), the Clerk will 'designate information or documents as confidential only when:

• the filer of the confidential information or document files a Notice of Confidential Information within Court Filing pursuant to Florida Rule of Judicial Administration 2.420(d)(2);
• the filer files a Motion to Determine Confidentiality of Court Records pursuant to Florida Rule of Judicial Administration 2.420(d)(3);
• the filing is deemed confidential by court order;
• or the case itself is confidential by law.' (emphasis added).

2. What do these changes mean to the filer of court documents?

Filers are now solely responsible for ensuring that documents filed with the Clerk in Circuit Civil, County Civil and Small Claims cases do not contain confidential information. It is best to not include the information in the court filing. If, however, you need to include this information, or if the information is included as part of an exhibit, the filer is responsible for redacting the confidential information.

3. Does this rule change affect cases other than circuit civil, county civil and small claims cases?

No. The rule change only affects circuit civil, county civil and small claims cases. The filer is still responsible to file the Notice or Motion in all other case types; however, the Clerk may still undertake its own redaction review. While computer software can pick up confidential numbers, it will NOT pick up victim names and other non-numeric confidential information. A signature of an attorney under Rule of General Practice and Judicial Administration 2.515(a)(4) constitutes a certificate by the attorney that the document contains no confidential or sensitive information, or that any such confidential or sensitive information has been properly protected by complying with the provisions of rules 2.420 and 2.425.

4. Where can I find a list of what information is considered to be confidential?

Rule of General Practice and Judicial Administration 2.420(c) and 2.420 (d)(1)(B)(i)-(xxiii).

5. Is confidential information the same as sensitive information?

No. Confidential information must be redacted from the filing and is governed by Rule of General Practice and Judicial Administration 2.420. Sensitive information must be minimized in a specific way and is governed by Rule of General Practice and Judicial Administration 2.425.

6. If my document contains confidential information, what must I do?

If you have confidential information that must be listed in the court filing so that the judge is able to view it, you must file a Notice of Confidential Information Within Court Filing, for one of the 23 categories, in the same efiling transaction as the confidential filing. You must list all the page number(s) where the information is located. You can also file a Motion to Determine Confidentiality if the confidential information is not one of the 23 categories.

7. Can I just include in my Notice that there is confidential information throughout so that the Clerk finds and redacts it?

No. The Clerk will only redact the information as described in the Notice. The rule requires that you list the precise location where the confidential information is located so the notice should include the page number – and preferably the location within the page – where the confidential information is located. This includes Exhibits.

8. What happens if I don't list the information in a Notice, I don't file a Notice in the same efiling transaction as the document, or I simply don't file a Notice?

The confidential information will be immediately available for public viewing.

9. Can I file a Notice of Confidential Information after I file the document?

Yes. If you forget to include the Notice with the filing, you can file it at a later time. The later filed Notice of Confidential Information must include the title and type of document that you are now seeking to make confidential, date of filing (if known), date of document, docket entry number, an indication whether the entire document is confidential or the precise location of the confidential information, and any other information the clerk may need to locate the confidential information. See Rule of General Practice and Judicial Administration 2.420(d)(2)(A). Remember, until the Notice is filed, the information will be available for public viewing.

10. What if the information I want to hold confidential is not one of the 23 categories listed in Rule of General Practice and Judicial Administration 2.420?

You must file a Motion to Determine Confidentiality. If it is not one of the 23 categories of documents listed in Rule of General Practice and Judicial Administration 2.420(d)(1)(B)(i)-(xxiii), then the Clerk cannot hold it confidential without a court order. Once a motion is filed, the Clerk will hold it confidential pending a court order.

11. What if I file a Notice of Confidential Information but the information I want to keep confidential is not one of the 23 categories?

The Clerk will send you a notification within 5 days of the filing of the document that it cannot hold the document confidential because it is not one of the 23 categories in Rule 2.420(d)(1)(B). The Clerk will hold the document confidential for 10 days in accordance with 2.420(d)(2)(B) so that the filer can file a Motion to Determine Confidentiality with the Court. If a motion is not filed within the 10 days, the document that includes the confidential information will become public. If a motion is filed, the Clerk will hold the document confidential pending a court order.

12. Where can I find forms for the notice or motion?

A form Notice of Confidential Information Within Court Filing and a form Motion to Determine Confidentiality of Court Record can be found as an appendix to Rule 2.420 and on the Clerk's website in the Forms Library and on the Attorneys page under 'Forms'.

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Small Claims

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1. 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 $8,000 or less, excluding costs, interest, and attorney fees.

2. Do I need a lawyer?

No, it is not necessary to have a lawyer. 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.

3. Who can file a small claims case?

Any person(s) 18 years or older or any individual(s) doing business as a company may file a small claims case. A parent or guardian may file on behalf of a minor child. Each person who is a party to the claim must appear at the Clerk’s office to sign the necessary paperwork in the presence of a deputy clerk, or the signatures must be notarized.

4. 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 change by legislative action. Fees also vary in accordance with the dollar amount of your claim and the type of action.
• Other fees are required for service on the parties you are suing and are dependent on the type of service you select.
• A current schedule of service fees is available on our Fees page.

5. What information do I need to file a small claims case?

• It is important that you file your claim against the right party. The additional time you spend researching the current name could make a difference in whether you are able to collect should a judgment be entered by the court in your favor. A full explanation of your reason for the small claims action will be necessary.
• Copies of any contracts, notes, leases, receipts, or other evidence you may have in support of your claim must be furnished for each person you are suing as well as the court.

6. Are there other requirements?

• Any time you sue someone other than an individual, there is additional information needed to complete the necessary forms.
• If your claim is against a corporation, the officer’s name representing the corporation is required; if your claim is against a sole proprietorship, the name of the owner is needed. You will need to attach a copy of any supporting documents to your claim.

7. What happens after I file my small claims case?

• After you file your small claims case, each person or business you are suing must be served with a summons or notice to appear in court on the date and time scheduled when you filed your claim. This court date will be a pretrial conference and you should be prepared to present your case 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. It 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 pretrial conference, a trial date will be scheduled by the court for your case to be heard. You must appear at the trial with all witnesses and documentation of your claim.
• At the trial, you will have an opportunity to explain your case to the judge, ask the person(s) you are suing any questions concerning your claim, present your documentation as discussed at the pretrial conference, and call on your witnesses to help explain your case.

8. Why use mediation?

The judge will require mediation because mediation is economical. The settlement is viewed as fair by both parties. There is one court meeting. You do not need to subpoena witnesses or evidence and depend on their presence at trial. You do not have to conduct extensive trial preparation. 

Mediation preserves personal and business relationships. It allows debtors to arrange repayment plans, avoid judgment, and preserve credit reputation. Mediation protects privacy and avoids the publicity of the trial. Both parties remain in control and participate in a "win-win" solution. The agreement is final and the dispute resolved.

9. Can I have a jury trial on my small claims case?

Yes, a trial by jury may be requested by the person(s) filing the small claims case [plaintiff(s)] upon written demand at the time the case is filed. Someone being filed against [defendant] may request a jury trial within five days after service of notice or at the pretrial conference.

10. What happens to my case if a settlement is reached?

If, at any time in the proceedings a settlement is reached between the parties, the plaintiff [person(s) who filed suit] must notify the Clerk’s office in writing of the settlement.

11. How can I collect my judgment?

The court does not collect money damages for you. You may wish to consult with an attorney for advice on how to collect your judgment.

12. Can I file a lien against the defendant's property?

If you choose to place a judgment lien against any individually owned real property of the defendant’s following the award of a judgment in your favor, you should obtain a certified copy of your judgment and have it recorded in the official records at the Clerk’s Official Records Department. Fees for recording are set by statute and are subject to change by legislative action. Contact the Clerk’s office for current fees.

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Traffic Tickets - Basic Driver Improvement Course

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1. Who may make an election to attend basic driver improvement course?

Any person charged with a moving or non-moving violation, other than violations involving driver’s licenses, vehicle registration, or proof of insurance, is eligible to elect to attend a basic driver improvement course in lieu of accumulating points on the driver history record. Effective July 1, 2005, per s. 318.14(9) and (10), drivers holding a commercial license may no longer make a school election.

2. What is the benefit of making an election?

There are two benefits:

• No points will be assessed against your driver’s license.
• Attending a basic driver improvement course to satisfy the violation will be entered on your driver history record as an "adjudication withheld."

3. Do I have to pay to elect a basic driver improvement course?

Yes, the civil penalty is required by law to be paid in addition to the cost for the driving course which may range from $20 to $35. At the time of the election, please refer to your local telephone directory under the heading "Driving Instruction" for the names and locations of the basic driver improvement course nearest you."

4. How can I elect to attend a basic driver improvement course?

You must come to the Clerk’s office to make your selection, or, if you reside outside of Polk County, contact your local Clerk’s office and you may make your election to attend a basic driver improvement course by mail. Read the Affidavit carefully. Within 30 calendar days of the date your ticket was issued, complete the affidavit, have your signature notarized, and return the affidavit to the Clerk’s office in the envelope provided. Be sure to include a check or money order for the civil penalty and allow sufficient mail time to ensure your affidavit is received in the Clerk’s office with the 30 calendared days required. 

After you have completed and paid the costs for the election, contact an approved school to arrange a schedule for the course (you may find a listing a driver improvement courses in your local yellow pages). You must enroll, attend, and complete the basic driver improvement course within 90 calendar days from the date you elected to attend. You will need to be prepared to pay for the course at the time of enrollment.

5. Do I need to do anything else after I attend the basic driver improvement course?

Yes, you must present proof of completion of the basic driver improvement course to the Clerk’s office. Proof must be received in the Clerk’s office within 90 calendar days of the date you elected to attend the course.

6. Can I change my mind after I elect to attend a basic driver improvement course?

If you elect to attend a basic driver improvement course, you must enroll and complete the course, with proof of completion being presented to the Clerk’s office, within 90 calendar days of your election. If you fail to meet any one of these requirements for any reason, an additional delinquency fee will be owed, your driver’s license will be suspended, a reinstatement fee to reinstate your privilege to drive will be required, and a conviction of the violation will be reported on your driver history record. If you contact the Clerk’s office before the 90 days and state that you no longer wish to attend the basic driver improvement course. You will be assessed either the 9 percent or 18 percent reduction of the base fine received at the time of payment. If you elected on a wireless communication citation, you will be assessed the $60 base fine plus the $18 processing fee to the case, per section 318.15 Florida Statute.  Upon receipt of the fees, the case will be closed and the points will be assessed to the license. 

7. How many times can I elect to attend a basic driver improvement course?

You may make an election to attend a basic driver improvement course to satisfy an eligible traffic violation one time in a 12 month period, but no more than five times within a lifetime.

8. What if I receive a ticket outside Polk County?

You must make your election and pay the associated fines and costs to attend a basic driver improvement course in the county in which your ticket was issued. You may, however, attend a basic driver improvement course approved by the State of Florida, in the location of your choice. Refer to your local telephone directory for the names and locations of basic driver improvement courses in other counties.

9. Where can I get more information about an election?

For information on the election requirements and costs involved, contact the nearest Traffic Department of the Clerk’s office. For information on the basic driver improvement course locations, hours, and costs, contact an approved school. A listing of names, addresses, and phone numbers of approved schools are available in your local telephone directory under "Driving Instructions."

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Traffic Tickets - General Information

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1. What is a criminal traffic or misdemeanor charge?

A criminal traffic or misdemeanor charge requires a court appearance and carries with it criminal penalties that may include a fine and/or the possibility of a jail term. Payment of a criminal traffic ticket cannot be automatically made to the Clerk’s office. Persons charged with a criminal offense, if not given a court date at the jail, will need to come to the Clerk’s office and set a court date or will be notified by mail.

2. What is a civil traffic infraction?

A civil traffic infraction is a non-criminal charge, such as a speeding violation, that can usually be disposed of by payment of a civil penalty or an election to attend a basic driver improvement course. A court appearance is not required, except in cases where the violation involves an accident with serious bodily injury or fatality to another. Payment can be made by mail by using the traffic envelope provided by the officer or to:
P.O. Box 9000
Drawer CC-10
Bartow, FL 33831

You may also pay in person by coming to our full-service counter windows in the traffic division.

3. How soon after issuance must I pay the ticket?

Infraction violations must be paid within 30 calendar days from the date the ticket was issued. Criminal violations are due on or before the date the court authorizes. If a ticket is not paid within 30 calendar days from the date of issuance, a suspension will be entered against your driver’s license, which could affect your insurance rates and will subject you to additional penalties.

4. What if I receive a letter from the State of Florida Department of Highway Safety and Motor Vehicles (Florida DHSMV) informing me that my license will be suspended?

If you receive a letter from the State of Florida Department of Highway Safety and Motor Vehicles (Florida DHSMV) informing you that your license will be suspended, you must comply on or before the business day prior (before) the date stated on the letter. The suspension date listed on the letter goes into effect at midnight on that date. Therefore, if you come in on that date, you will be late and your license will already be suspended.

5. Can I get an extension for my payment due date?

Within the first 30 days from the offense date, the Clerk is allowed to extend a one-time continuance for 60 days from the original due date. If a payment continuance is requested for a civil infraction payment, this request waives the individual’s right to elect driving school or later plead not guilty and request a court date. If you were charged with failing to carry your driver’s license, registration, or insurance, you must provide proper proof to the Clerk of Court within 30 days of the time of the stop along with the required $10 dismissible fee. Payment extensions are not allowed for dismissals.

If you were cited for failure to maintain proof of insurance and did not have valid insurance at the time of the stop, you may elect to enter a plea of nolo contendere and present proper proof of insurance to the Clerk of Court. Adjudication is withheld. This election and payment of costs ($78.80) must be made within 30 days to the Clerk of Court. Payment extensions are not allowed for elections as set forth in section 318.14(10)(a), Florida Statutes.

6. Can I get an extension for my court date?

Yes, but only for first-time arraignment dates (criminal and civil infraction hearings). All other requests must be directly made through the appropriate judge.

7. What happens if the ticket is not paid?

A suspension will be entered against your driver’s license that could affect your insurance rates and subject you to additional penalties. Effective July 1, 2004, Florida Statute 938.35 authorized the Clerk to employ a collection agency for all unpaid debts. If this citation is referred for collection efforts, an additional service fee up to 35% will be added onto the total amount of the unpaid financial obligations which remain unpaid 90 days or greater from the payment due date.

8. 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 frame. Your case will be scheduled for an infraction arraignment hearing where you will be formally advised of the charge against you. You may at that time change your plea and disposition will take place. If you still want to contest the charge, the case will be continued over to a non-jury trial for a later date.

9. Who will be present at the non-jury hearing?

The officer who issued the traffic ticket and any other witnesses called by the officer or any other witnesses that you wish to call to testify on your behalf. If you choose to subpoena witnesses on your behalf, it will be your responsibility for the preparation and costs, generally costing $27 per person. Most civil infractions are heard by hearing officers. Contested parking ticket cases are also heard by the hearing officers.

10. What must I do 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 basic driver improvement course, or impose other penalties. If you should fail to pay the fine and costs in the time allotted you by the court, a suspension will be issued against your driver’s license and additional penalties will be imposed. If you are found guilty of a criminal charge, the court may assess the fine and costs, order you to attend driver improvement, place you on probation, or impose other penalties. If you should fail to pay the fine and costs in the time allotted you by the court or fail to complete any other sanction placed upon you by the court, a suspension may be issued against your driver’s license, a warrant may be issued for your arrest, or varying additional penalties may be imposed by the judge.

11. Can the clerk's office advise me of points assessed against my license?

No, deputy clerks cannot advise you of the number of points assessed against your driver history record or how points will affect your insurance. The Clerk’s office can provide a full history for a nominal fee averaging $16.25 for the first page and one dollar for each additional page for a lifetime history. Otherwise, you must address your questions to the Bureau of Driver Licenses and/or your insurance agent.

For information on the election requirements and costs involved, contact the nearest traffic department of the Clerk’s office. For information on the basic driver improvement course locations, hours, and costs, please contact an approved school. A listing of names, addresses, and phone numbers of approved schools are available in your local telephone directory under "driving instructions."

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Traffic Tickets - Satisfying a Traffic Civil Infraction

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1. How can I satisfy a traffic civil infraction?

Payable civil infractions may be satisfied in one of several ways:

• Electing to attend a basic driver improvement course
• Entering a plea of Not Guilty
• Submitting an Affidavit of Compliance for cases involving safety equipment violations that have been corrected by you.
• Traffic tickets written for certain driver license, registration or insurance violations may be dismissed by the Clerk if proof of compliance at the time the ticket was issued can be shown

2. The fee owed is different than what the deputy or officer listed on my citation. Why is that?

Fees for traffic fines may change during the year. The fine provided by the deputy may not be accurate. Please refer to the current fee schedule for the most current information.

3. Can I get a payment extension?

Extensions to pay are granted for a one-time, 60 day period if requested on or before the original 30 days due date. This can be done by calling our Clerk’s Call Center during office hours, or you must notify the Clerk’s office, in person, or in writing, within the required time frame of 30 calendar days from the date of issuance of the ticket. Once this option is selected, it waives your right for a court date or to elect to attend a basic driver improvement course.

4. How long do I have to enter a not guilty plea to a civil infraction?

You must notify the Clerk’s office, in person or in writing within the required time frame of 30 calendar days from the date of issuance of the ticket.

5. What if I live outside of Polk County?

If you wish to plead not guilty to a traffic infraction ticket, and you cannot appear for a hearing because you live outside Polk County, you must complete an Affidavit of Defense (PDF) and file it with Polk County Clerk’s office on or before the 30-day due date.

Effective October 1, 2006, speed in excess of 30 mph over the posted speed limit requires a mandatory court appearance. The fine is doubled for a second or subsequent conviction within 12 months when speed exceeds the limit by 30 miles per hour or more. A person may not elect to attend a basic driver improvement course in lieu of a court appearance.

6. What if I'm found guilty of a civil traffic infraction?

If you are found guilty of a civil traffic infraction, the court may assess fine and costs, order you to attend a basic driver improvement course, or impose other penalties. If you should fail to pay the fine and cost within the time allotted you by the court, if any, a suspension will be issued against your driver’s license and additional penalties will be imposed. Fines for civil infractions are governed by Florida Statutes. For the most current fine schedule refer to a current Civil Infraction Fine Schedule for the applicable fee.

Fines are distributed to various funds established by the legislature with a portion being returned to the issuing law enforcement agency and a service charge retained by the Clerk of the Circuit Court.

7. What are my options for paying court imposed fines and costs for traffic tickets?

Please allow 5 to 7 days for our office to receive and process your citation before attempting to make a payment. Methods of paying traffic fines include:

• Debit or Credit Card. Debit or credit card payments can be accepted only if the payment is not more than 89 days past due.
  • Online - This service requires you to enter your citation number as it appears on the citation (such as Number-AAA). If the citation has a four number-three letter format, do not include the additional number after the citation.
  • Phone: 877-716-1781, 24-hour, automated payment line. This payment option is not available for past due payments.
  • In-Person: Visit the locations page for the nearest Clerk’s office. The credit card processing vendor charges a 3.5% convenience fee for this service. The Clerk’s office does not receive any portion of this fee.
• Check or Money Order: Make checks payable to "Clerk of Court" in the envelope you received:
  • Mail: Payments by mail must have the proper postage and must be received by the due date to avoid late fees and suspension of your driver’s license. Mailing instructions are available at the bottom of traffic citations.
  • In-Person: Visit the locations page for the nearest Clerk’s office.
• Cash: Pay with cash at any Amscot. (Amscot charges a $2.50 service fee) or Clerk’s office locations.

8. Can I pay for traffic citation in Polk County that I received in another county?

Tickets must be satisfied in the county in which they were issued. For example, if you received a traffic ticket in Orlando, Florida, you must pay for it in Orange County. You may not pay for it in Polk County.

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Wills & Estates

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1. What is probate?

Probate is a legal process through which the assets of a deceased person are properly distributed to the heirs or beneficiaries. The court oversees the estate to make sure debts are paid and proper distribution is made.

2. What is a will, and when and where should it be filed?

A will is a document executed by a person that disposes of his/her property after his/her death. It generally names a personal representative to administer the estate. After the death of the 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 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.

3. Do you need an attorney to deposit a will?

No, an attorney is not necessary to deposit the will with the Clerk of the Circuit Court. However, you may want to consult with an attorney before filing so that he or she may determine whether probate proceedings will be necessary.

4. Are there different types of proceedings that can be filed depending on the size of the estate?

There are three 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, debts, 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, excluding exemptions, does not exceed $75,000.

Disposition of Personal Property Without Administration

The disposition is filed to request the release of assets of the deceased to the person who paid the final expense, such as funeral bills or medical bills for the last 60 days. This procedure may be accomplished with the filing of an informal application. The form required to file the disposition is available from the Clerk of Circuit Court in the Probate Department, and upon request, the deputy clerk can assist the applicant in the preparation of the application. The estate cannot include real property.

5. What happens if a person dies and has left no will?

The property will be distributed in accordance with Florida law.

6. 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.

7. 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 the size and complexity of the 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.

8. 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, the original must be deposited with the Clerk of Circuit Court.
• Itemized, paid funeral bill (reflecting the name of the person who paid it).
• Paid receipts for any medical expenses incurred 60 days prior to death (reflecting the name of the person who paid it, or canceled check(s).
• Paid receipts for any medical expenses incurred sixty days prior to death.
• A death certificate is required.
• Statement regarding the type of asset to be released.
• Identification of the person filing.
• The filing fee as set by Florida Statute.

9. What happens after this information is filed with the Clerk?

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.