- You can access payment information 24 hours everyday by calling the State Disbursement Unit’s voice response system, toll free, at 1-877-769-0251. The Depository does not give payment information over the phone. You can also access your child support payment information on-line at www.MyFloridaCounty.com
Frequently Asked Questions
Yes.
You have 30 days from the time the Order to be reviewed was rendered.
Several fees are involved in filing an appeal. Please refer to the fee schedule.
You will file the original Notice of Appeal plus one copy with the appropriate filing fees.
Our office does not have the Notice of Appeal form. You would need to seek legal counsel. You may prepare the paperwork yourself by doing your own legal research.
Ordinances are on-line from the Municipal Code Corp. (municode.com) or a Board Records employee will make you a copy for $0.15 per page.
Follow the YouTube link to Manatee County Board of County Commissioners Meetings: Commissioners Meetings
If you would like to purchase a DVD, you may contact Manatee Educational Television at: http://www.metvweb.com/
These are available on our website at www.manateeclerk.com. Links are provided on the Board Records main page.
- If it has been longer than 7 days, call the State Disbursement Unit, toll free, at 1-877-769-0251 and speak with a customer service representative to verify that the payment was mailed to you. If a stop payment needs to be placed on the check, the customer service representative will assist you.
- No. Generally, if payments are received from a payor or employer regularly your payments will be received close to the same day each week, but there are too many factors involved in processing time at the State Disbursement Unit to predict exactly when you will receive your payment.
- The depository can provide you with some assistance in enforcing the Court-ordered child support obligation. If a payment becomes due and is unpaid for 15 days, the depository can send a Notice of Delinquency. If the delinquency plus fees are not paid within 20 days, a judgment is entered against the respondent. The judgment becomes a lien against any real property owned by the respondent. Assistance can be also given to obtain an Income Withholding Order to have the payments deducted from the obligated parent's payroll. Child Support Program, a separate division of the Clerk’s office, offers full enforcement services. You can contact the Department of Revenue at 1-850-488-5437 or visit the local office at 1115 Manatee Avenue West, 2nd floor, Bradenton, FL 34205 for information regarding this program
. Your personal attorney can also handle enforcement action on your behalf.
- Pursuant to Florida Statute, changes of address must be made, in writing, to the Depository within 7 days. This can be done in person at the Depository counter, located in the Manatee County Courthouse or you can print and mail this form to the Clerk of Circuit Court, Child Support Depository, P. O. Box 25400, Bradenton, FL 34206.
- You will need to bring the name change request along with supporting documentation of the name change (copy of marriage license, copy of court order, etc.) to the Depository.
- All payments must be made through the Florida State Disbursement Unit (FLSDU) at the following address FLSDU P.O. Box 8500 Tallahassee, FL 32314-8500 To ensure proper credit, make sure the following information is on your check or money order: your full name, your social security number, your case number, the words “Manatee County." If you do not know your case number, search the on-line information or call the Clerk’s office at 941-741-4038 to obtain that information.
- No, we do not have access to any other county's or any other state’s records. You will need to contact that specific court for any assistance on your case within their jurisdiction. However, you can access any of your Florida child support information at www.MyFloridaCounty.com
- If your court order states that payments are to be made through the court or through the State of Florida Disbursement Unit, you must comply with that order. Failure to do so will create a delinquency on your case causing enforcement action to be taken.
- Payments made directly to the custodial parent may be considered a gift. In order to receive credit for direct payments, a motion will need to be filed with the court (with applicable filing fees). The 12th Judicial Circuit Court website has information, and a form available for you to download if you wish to request a credit. There are instructions on their website explaining the forms and filing procedures. Once the motion is filed, the Court will then make the decision whether or not you should receive credit - an order will be sent to the parties. Once a copy of the order is received by our office, we will make the appropriate balance adjustments to the case.
- You can purchase print-outs of your account from the depository. The cost is $1.00 per page plus $2.00 for certification, if needed. You can also purchase copies of documents from your court file through our Public Access Division.
- No. The depository cannot automatically assume that you have exercised your visitation. A Notification of Visitation Credit form, available from the depository, must be completed by the parent exercising the visitation and returned to the depository in order for credit to be given. If your payments are deducted from your paycheck, please submit the completed visitation form along with a note requesting a letter be sent to your employer. The depository should receive these documents no later than 2 weeks prior to the start of visitation so that your employer can be notified in a timely manner. If the payments are not payroll deducted, you can submit the form at anytime. NOTE: This only applies if your court order states that you do not have to pay support during visitation. If your court order does not specifically state this, then the depository will not credit your support account.
- If Child Support Program is enforcing the case, call the Department of Revenue at 1-850-488-5437
and advise them of the change. They will need your employer’s name and address. The paper work will automatically be forwarded to your new employer at that time. If Child Support Program does not enforce your case, you will need to come into the depository. The depository will furnish you with a Notice to Payor form to complete and you will need to purchase a certified copy of your Income Deduction Order ($l.00 per page plus $2.00 for the certification). The original Notice to Payor will be filed with the Clerk and you will need to purchase a copy to accompany the Income Deduction Order ($0.45). You will then need to submit the copy of the Notice to Payor and the certified copy of the Income Deduction Order to your employer. If you live out of town, please contact the depository at 941-741-4038. NOTE: The same procedures hold true if you are the custodial parent and need to have the paper work sent to the new employer of the non-custodial parent.
- No. The emancipation of the child depends on the language in your court order. If your child is approaching his or her 18th birthday, please contact the depository at 941-741-4038. The depository will be able to answer the question based on your individual circumstances.
- No, the depository does not send out statements when accounts are closed. If you need something stating the account is paid in full, you can purchase a print out from the depository
By phone: Whether you pay or receive child support, you can check on payments by calling the State Disbursement Unit (SDU) toll free at 1-877-769-0251.
Online: For information on receiving or paying child support you may visit the Child Support Information Page.
If you are a party to the case, it is important that you notify this office when you change your address, phone or employer. Timely updates will allow us to contact you with vital information about your case.
You can access and update your information anytime online at the Child Support E-services page.
Click here to register or sign in to E-services
Employers play a vital role in helping children receive the financial and medical support they need and deserve. By establishing and maintaining a positive partnership with Child Support Program, together we are able to help our children reach their maximum potential. Visit the Employer Services page for information on Reporting New Hires and Terminations and Income Withholding.
Driver's license privileges and motor vehicle registrations may be suspended for failure to pay child support timely or comply with a subpoena or similar order to appear relating to paternity or support proceedings. If you have received a Notice of Intent to Suspend and would like to resolve this matter please review the information on the Notice for available options.
You can check the Department of Motor Vehicles online to see the current status of your Drivers' License by visiting their Driver License Check Page.
If you want to discuss the options for getting your Driver License reinstated please contact our office.
You may obtain a list through our registry of the court report
The Clerk’s Office is prohibited from giving legal advice. You must consult an Attorney for filing of a civil action. The Clerk’s office does not provide forms. For Manatee County, if you cannot afford an attorney, contact Gulfcoast Legal Services at (941)746-6151 or www.gulfcoastlegal.org, or Legal Aid of Manasota at (941)747-1628 or www.legalaidofmanasota.org. If you do not qualify for free legal assistance or do not know an attorney, you may email an attorney referral service (telephone listings) or contact the Florida Bar Lawyer Referral Service at 1-(800)-342-8011.
You must carefully read the summons that you have been served with, as there is a time in which you must file a response to the case. You may submit a written response to the Clerk’s office via the Statewide ePortal, in person, or by mail. If you feel you need to seek legal advice, you must consult with an Attorney. The Clerk’s office is prohibited from giving legal advice. You may also contact the legal service number provided above.
You may search by the case number or by owner’s name under our Court Records. This will show you the docket of the case and the sale date will be listed under case information.
You may do a record search of Foreclosure cases filed through our Court Records section under case type. You may then select the date range you are seeking of.
The list of Foreclosure sales is located on the home page under Foreclosure Sales Calendar
The Clerk’s does not keep record of the address on foreclosure cases. You will have to do further research for this information. To view more information on a particular case you may become a public subscriber at no charge and be set up to access court records in the convenience of your home or office .You may also visit our Public Access Area in the Historical Courthouse to access court records
You must register at : www.manatee.realforeclose.com
It is suggested that you come in person to the Clerk's office on the day of the sale and register with the Clerk. Florida Statutes 45 require that a bidder other than the judgment holder must present a good faith deposit of 5% of your projected bid in cash or cashiers check in order to confirm a bid. You may contact the civil division for a written policy regarding foreclosure sales. Review the policy and procedures on-line.
You must carefully read the summons that you have been served with, as there is a time in which you must file a response to the case. You may submit a written response to the Clerk’s office in person or by mail. If you feel you need to seek legal advice, you must consult with an Attorney. The Clerk’s office is prohibited form giving legal advice. You may also contact the legal service number provided below:
Gulf Coast Legal Service- 746-6151
Legal Aide of Manasota- 747-1628
Lawyer Referral Service- 1(800) 342-8011
You must fill out a Foreclosure Surplus Claim form and submit it to our office in person or by mail. The form will then be submitted to the Court who will determine if you are eligible for these funds.
#85-8012622208C-0
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It normally takes 4-6 weeks. If a credit card is used, within two months of the charge, the card will be credited. After two months, a check will be issued to the cardholder.
The reason for your refund is noted in the description of your check, as well as, a reference to your court case in the invoice number column.
We suggest that you first seek legal advice from an Attorney. The Clerk’s office has eviction forms available if you wish to file and eviction case as a pro-se litigant. You may review the forms we have available located on the forms for download page. Please note: The forms available are only for non-payment of rent. The forms are also available at the Clerk’s office at our Cashiering Department for purchase. For packet purchase price please see our County Civil fee section.
The filing fee varies between an eviction for possession only or an eviction and damages. Please see our County Civil fee section.
The Clerk’s office does not have the authority to change a court date. If you are represented by an attorney, including the Public Defender, please contact them with your request. If you are not represented by an attorney, you may put your request in writing, addressed to the Judge. Include your full name, mailing address, and case number. File the original written request with this office.
Failure to appear may result in the Judge issuing a bench warrant for your arrest. You may forfeit the bail posted, thus losing your money or collateral. If the offense you failed to appear for includes a traffic offense, the Judge will also suspend your driving privileges. Upon arrest, you may be held in jail with or without bond.
Once you have been released from the arrest on the warrant, bring all of your paperwork to this office. You will be required to pay a delinquency fee. Once this is paid, you will be required to reinstate your driving privilege. You may be charged a reinstatement fee.
Where to Reinstate:
In Manatee County: Tax Collector’s Driver License Office, 904 301 Blvd. West, Bradenton, Florida
Out of Manatee County: at any Driver's License Office in the State of Florida
Out of State: Please contact the licensing state.
It is your responsibility to notify the Clerk’s office of your current address, in writing, at Manatee County Clerk of Circuit Court, Attn: Criminal Division, P.O. Box 25400, Bradenton, FL 34206. Please include your case number on the correspondence.
You will be required to turn yourself in at the Manatee County Jail. If you live outside of Manatee County, you may turn yourself in to the closest law enforcement agency. Upon your arrest you will be required to post bail as required by the Judge. You will be assigned a new court date, which will be approximately 3 weeks later.
The address for the Manatee County Jail is 14470 Harlee Road, Palmetto, FL 34221. It is located approximately 11 miles north of Bradenton; take US 41 north to the Port Manatee exit and turn left. Go west to Harlee Road and follow the signs.
The answers to these questions and other case specific data can be found by searching our Court Records Search site.
Florida Statute 943.0585 and/or 943.059 will provide the requirements and conditions for having a criminal court case sealed and/or expunged from your record. Please read these statutes carefully.
If you need an application or have questions regarding your eligibility to have your records sealed or expunged, please contact the Florida Department of Law Enforcement. FDLE will require that you complete an application for the procedure and submit the forms to their office. The forms are only available on the FDLE website.
Upon receipt of your application, FDLE will notify you of your eligibility. For further instructions and the forms needed to proceed for court action go to our Online Forms page.
Fees for this procedure will include payment to FDLE and a service charge plus charges for certified copy paid to the Clerk.
Please contact your probation officer for the answer to this question.
Personal checks are not accepted for the payment of court costs or fines related to a Criminal case. You can pay with cash, money order, cashiers check or a credit card. The credit cards accepted by our office are Mastercard, Visa, Discover and American Express. When paying by credit card, identification is required.
The Clerks office does not take payments over the phone to pay for any criminal or non-criminal fines. You must mail in your payment or pay in person.
A non-criminal citation must be paid within 30 days of the date on the citation. It is paid at the Clerk’s office. It can be paid with a personal check that is made out to “Manatee County Clerk of Court”.
You must write a letter to the Judge assigned to your case requesting a hearing. The person whose name is on the citation must write the letter.
You may request to pay off your community service hours with your Probation officer, who will instruct you on what needs to be done.
This will be at the discretion of your Probation officer; if you are going to be late you should always contact the Probation office.
If the Judge gave you a specific date to have your court costs paid by and you cannot pay in full by that day you must write a letter to the Judge requesting an extension.
A cash bond will stay posted on a case until the defendant is sentenced in court. At that time, the cash bond will be applied to any court costs or fines assessed on the case. If the bond exceeds the amount of court costs and fines on the case for which the bond was posted, then the Clerks office will research the defendants name to see if any other monies are owed in Manatee County. This includes any civil cases, juvenile cases, traffic tickets, and any other criminal fines. All monetary obligations will be satisfied before returning the bond.
Your court costs and fines must be paid at the State Probation office. The only time the Clerks office will accept payments for felony cases is if the case was referred to our Department of Financial Recovery.
It means the money you owe is now a lien against you. The Clerks office will prepare the judgment and have it recorded in our Recording Dept. The amount on the Judgment will accumulate interest daily from the date the Judge signs it to the day it is paid in full. After it is paid in full with interest, the Clerks office will prepare a Satisfaction of Judgment for you to have recorded for $10.00.
Once a case has been sent to an outside collection agency payment must be made to them.
You may file a Petition for Divorce at the Civil/Family Department located in the Historical Courthouse. If you are an Attorney we suggest that you e-file your pleadings. You must become an attorney subscriber in order to start e-filing.
You may apply for a determination of indigent status and if approved the filing fees may be waved. You may fill this application out in our Civil/Family Department at the time of filing. There is an additional fee for this service.
The Clerk’s office is unable to give you an exact time frame of a Divorce. This differs for each individual case. You may review the Florida Statue Chapter 61 that governs the Family Law of Dissolution.
Once you file a Petition for Divorce, you will fill out a FORM A that will be sent to the Case Managers. They will review the case and contact you via-mail within 15 business days after filing. For more information visit the 12th Judicial Circuit Court Self-Help Program.
The only way to contact the assigned case manager is by filling out a Form A, Form B, or Form C and submitting this form at the Civil/Family Department. The Clerk’s office will then forward the form to the Case Manager. You may obtain this form at our Civil/ Family Department or you may also download the form through:
You must file your change of address in writing form. You may bring it in person to the Civil/Family department or submit by mail. The clerk is unable to change an address over the phone. The following is a supreme court approved family law form: http://flcourts.org/core/fileparse.php/533/urlt/915.pdf
The clerk's office will only have a copy of a transcript if it has been filed for record into your court file. If it has not been filed and you know a Court Reporter was present of the hearing was digitally recorded you must do one of the following:
1) If a Court Reporter was present you must contact the attorney who hired the Court Reporter in order to obtain their contact information.
2) If the hearing was digitally recorder, you may contact the digital Court Reporters at 941.749.3600 ext. 7109.
The Employment Opportunities page will give you directions to apply for a position.
There are over 200 positions available. These positions include clerical, management, accounting, auditors, and technical positions.
Due to the size of the Clerk’s office, there is a continued need for qualified applicants. Please visit the Employment Opportunities page for a listing of current positions.
We no longer accept paper applications. To review our open positions and/or apply for a position, visit our Employment Opportunities page.
If you do not have access to a computer of your own, you may apply online at any computer with Internet access.
Applicants, who wish to be considered for more than one position, must select and apply for each position they are qualified for to be considered for jobs. Your initial application can be saved and used to apply for more than one opening.
Once applications are submitted for a position, they cannot be altered. However you can update your application online for future openings.
At any time you can log back into our online application system by clicking here . After you’ve logged in with your user name and password, you can check the status of your application.
If the Supervisor of the open positions wishes to interview you, s/he will contact you directly via phone.
When a conditional offer of employment is made, the selected applicant will undergo a drug screen and a criminal background check. Upon successful completion of these screenings, the applicant will be given a hire date and scheduled for orientation.
Human Resources Department participates in several salary and benefits surveys each year to ensure that our total compensation package is competitive locally for both the public and private sectors.
The primary function of the Division of Inspector General is to perform financial, compliance and operational audits of Departments under the Board of County Commissioners and other agencies receiving funds from the Board of County Commissioners. The Inspector General provides independent, objective assurance and consulting services which are designed to add value and improve the operations of Manatee County Government. It helps an organization accomplish its objectives by bringing a systematic, disciplined approach to evaluate and improve the effectiveness of risk management, control and governance processes.
Copies of audit reports can be either reviewed on-line or a hard copy can be mailed or picked up at the Inspector General’s office located in the Courthouse at 1115 Manatee Avenue West in Bradenton, 941-741-4017.
Our jurisdiction is limited solely to the Board of County Commissioners. However, if other Constitutional Officers such as the Sheriff, Tax Collector, Supervisor of Election, Property Appraiser or the Clerk of the Circuit Court would like to use our services, they may do so by written request.
Our audits are performed in accordance with Generally Accepted Government Auditing Standards, issued by the Comptroller General of the United States; and the International Standards for the Professional Practice of Internal Auditing, issued by the Institute of Internal Auditors.
Our Department can also provide investigative services in cases of alleged fraud, abuse, or county employee or vendor misconduct. Our investigations are performed in accordance with the Principles and Standards for Offices of Inspector General issued by the Association of Inspectors General. We may also provide research of industry standards or other departmental assistance defined by the requesting department.
The Inspector General maintains an anonymous hotline for employees, as well as the general public, to report County fraud, waste,abuse, and employee misconduct. The hotline is designed for callers to leave a message where they can either remain anonymous or leave their contact information. The hotline phone number is 941-742-5938. Information can also be reported through the Clerk's Inspector General Department web page. If callers would like to speak directly to an auditor, they may do so by calling 941-741-4017.
As part of the auditing standards, our department is evaluated by independent auditors once every three to five years. These audits are called Quality Assurance Reviews. Our most recent review reports are available on the website; previous reports are available upon request.
Our department is staffed with six auditors.
Our highly trained and experienced staff is made up of Certified Public Accountants (CPAs), Certified Fraud Examiners, and a Certified Internal Auditor (CIA).
Please report to the Jury Waiting Room located on the second floor of the Manatee County Judicial Center. Please check in with the Jury Coordinator as you enter. The clerk will check you in by taking your summons and questionnaire form.
All parking information can be located on our Juror Parking Page.
- Your term of service will not exceed one trial. At a minimum, you should expect to be at the Judicial Center all day (8:00 a.m. - 5:00 p.m.) on the first day of your service.
- It is often difficult to predict how long a case and your service will last. Statistics show most cases are resolved within the week. The majority are concluded within two or three days. However, cases lasting in excess of a week in Manatee County are no longer rare. Some exceptional cases may require several weeks of jury service.
- If you are not chosen as a juror on a case the first day, under most circumstances you will be released from further service.
- In the process of jury selection, the presiding judge will advise you how long your service may last. At that time you will be given the opportunity to express any concerns you may have about the trial schedule.
The list of jurors is derived from the Florida Department of Highway Safety and Motor Vehicles, in accordance with Florida Statute 40. Prospective jurors are randomly selected from that list.
Jurors must be a U.S. citizen at least 18 years of age, a resident of the State of Florida, and Manatee County, and possess a driver's license or identification card issued by the Florida Department of Highway Safety and Motor Vehicles. If you do not possess a driver's license, you may execute an affidavit, which can be obtained from our office.
Please use good judgment and dress appropriately. The courtrooms are air-conditioned so you may want to bring a light sweater or jacket. Shorts are not permitted.
- Jurors who are regularly employed and continue to receive regular wages are not entitled to receive compensation for the first three (3) days of jury service.
- Jurors who are not employed or do not continue to receive regular wages while serving as a juror are entitled to receive $15 per day for the first 3 days of jury service.
- All jurors who serve more than 3 days will be paid $30 per day for the fourth day of service and each day thereafter, regardless of employment status.
Yes, Manatee County provides free wireless internet services. While no computers are available for use there are a number of stations for use.
If you have reported for jury service within one year, you have the option of taking an exemption from service. Please login in to eJuror for further assistance. If you prefer you may mark this information on the request for excusal included in the packet you received, and return it to our office.
Pursuant to Florida Statute 40, you can postpone your jury service by contacting our office and rescheduling within a six-month period. Your appearance will be mandatory for the new date selected.
The reasons for non-service are defined in Chapter 40 of the Florida Statutes. Please login to eJuror for further assistance.
A juvenile is an unmarried person under 18, not emancipated, and who has been found dependent or a child in need of service/family in need of service. A juvenile can also be a married/unmarried person charged with violating law prior to reaching 18 years of age.
Yes, it is called Juvenile Court. Juvenile Court has its own Judge and set of attorneys.
Usually the only people to attend a juvenile hearing are the juvenile, his or her parents or guardians, the victim of the crime and attorneys. Anyone else wishing to sit in on Juvenile Court must have prior court approval by calling 941-749-3600.
The Juvenile Court handles the same crimes as the adult courts do.
If you are found not guilty of the crime with which you were charged, you would not have a criminal record. However, your arrest record will remain with you forever.
The Layon F. Robinson, II Law Library is located on the first floor of the Manatee County Judicial Center. To access the library, you will enter the Judicial Center and take the escalator to the 2nd floor, then take the elevators at the end of the hall to the 1st floor.
Yes-all are welcome.
The library has a collection of books and other materials to conduct legal research. In addition, patrons have access to computers equipped with Westlaw, a legal research software. There is also an extensive collection of frequently used pro se legal forms available for purchase.
No, the Law Librarian is not an attorney and cannot give legal advice or assist with forms.
In doing legal work it is always best to consult an attorney. If you cannot afford an attorney, you may wish to contact the following services:
Gulfcoast Legal Services, Inc. 941-746-6151
Legal Aid of Manasota 941-747-1628
Florida Bar Lawyer Referral Service 1-800-342-8011
In the self-help station, patrons have access to forms such as Summary Administration, Unlawful Detainer, Residential Evictions, as well as numerous other pro se family law and general civil forms.
Yes.
Yes. The computers have access to Westlaw, the Manatee County Public Records Hub and Manatee County Clerk's Website.
Computers cannot be used for personal use or for printing personal materials.
Books are not currently available for check out.
No.
Both Parties must be present with a valid State or Government Issued Identification. There may be other requirements if the Applicant is under the age of 18. Please visit our Marriage License web page for more information.
Out-of-State Residents are able to apply and have their ceremony performed the same day. (The 3-day waiting period required by Florida Law does not apply if both applicants are out of state residents.) Florida Residents may have the 3-day waiting period waived if they present a Certificate of Completion of Premarital Preparation Course from a qualified registered course provider. The 3-day waiting period commences when applicants appear in person and the license is issued by the Clerk.
Our office is currently able to perform ceremonies in English and Spanish.
Florida marriage licenses are valid for 60 days from the effective date. The marriage ceremony must be performed between the effective date and the expiration date on the license.
No. A marriage license may be applied for and solemnized in any Florida county.
The following individuals may perform marriage ceremonies:
All regularly ordained ministers of the gospel, elders in communion with a church, or other ordained clergy. All judicial officers, including retired judicial officers, Clerks of the Circuit Courts, and public notaries of this state. "Quakers" or "Friends," may perform marriages in the manner and form used or practiced in their societies.
Yes. Deputy clerks are authorized and available during normal working hours, Monday through Friday, to perform ceremonies. No appointment is necessary. Please review our fee section for ceremonies.
You will receive a certified copy of your marriage certificate approximately 2 weeks after the officiator returns it to our office to be recorded.
No. Blood tests are no longer required in the state of Florida.
You MUST have a separate check or money order payable to the US Department of State for your passport fee. This check will be mailed in with your application.
A separate payment is required for your application fee and any applicable photo fees or expedite fees. This can be paid via cash, check, money order, or debit/credit card.
No, the Clerk’s office does not set appointments. You may come in to our office Monday through Friday from 8:30-4:30.
Please review our requirement information located on our Passport Page
The time frame changes constantly. For the most recent routine and expected time please visit the U.S. Department of State website at www.travel.state.gov
Please see the fee schedule on our Passport Page.
Yes. You may have your passport pictures taken here for an additional charge.
Please see our fee schedule on our Passport Page.
If your passport has been expired for less than 5 years, you must renew your passport through the mail. You may visit the U.S.Department of State’s website to obtain an application at www.travel.state.gov. You may also obtain an application through our office. If you passport has been expired for more than 5 years you must apply for your passport through the Clerk’s office. Please review our requirement information located on our Passport Page.
No. You must renew the minor’s passport through the Clerk’s office. Please be aware that both parents and minor must be present to apply for a minor’s passport. You must present the long form Birth Certificate along with the expired passport.
For further information and additional requirements, please review our requirement information located on our Passport Page.
The Passport book allows travel anywhere and by any form of transportation. The Passport card allows travel to Mexico, Canada, Caribbean Islands and Bermuda by land or sea.
You may access the public records through the Clerk's website under court access. You can obtain information on the entire contents of the probated estate by searching under the name of the deceased.
The instruction sheet that comes with the form for Disposition of Personal Property without Administration, explains what is needed.
Any adult resident of Florida can serve as guardian. A close relative of the ward who does not live in Florida can also serve as guardian. Persons who have been convicted of a felony or who are incapable of carrying out the duties of a guardian cannot be appointed. Institutions such as a bank trust department, a non-profit religious or charitable corporation, or a public guardian can be appointed guardian, but a bank trust department may only act as guardian of the property. The court gives consideration to the wishes expressed by the incapacitated person in a written declaration of pre-need guardian or at the hearing.
A guardian who is given authority over any property of the ward shall inventory the property, invest it prudently, use it for the ward's support, and account for it by filing detailed annual reports with the Court. In addition, the guardian must obtain Court approval for certain financial transactions. The guardian of the ward's person may exercise those rights that have been removed from the ward and delegated to the guardian, such as providing medical, mental and personal care services and determining the place and kind of residential setting best suited for the ward. The guardian of the person must also present to the Court every year a detailed plan for the ward's care.
Yes. Guardians must be represented by an attorney who will serve as "attorney of record." Guardians are usually required to furnish a bond and may be required to complete a court-approved training program. The Clerk of the Court reviews all annual reports of guardians of the person and property and presents them to the Court for approval. A guardian who does not properly carry out his or her responsibilities may be removed.
Not necessarily. If a person recovers in whole or part from the condition that caused him or her to be incapacitated, the Court will have the ward reexamined and can restore some or all of the person's rights.
No. Florida law requires the use of less restrictive alternative 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.
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 or proceeds of a lawsuit or insurance policy exceeding $15,000, the Court must appoint a guardian. Both parents or a surviving parent may make and file with the Clerk of the Court a written declaration 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.
As set forth in Chapter 28, Florida Statutes, copies of the record are to be provided only upon payment of a fee prescribed by law: document (8 1/2"x 11") fee is $1.00 per page, certification fee $2.00 per certification, record search fee $2.00 per year searched if the case number is not provided, Certificate of Clerk is $7.00, and document (18"x 24") fee is $5.00 per page. Documents will be sanitized of confidential information such as, but not limited to, the social security number.
As set forth in Chapter 28, Florida Statutes, copies of the record are to be provided only upon payment of a fee prescribed by law: document (8 1/2"x 11") fee is $1.00 per page, certificate of clerk fee (document preparation fee) $7.00, certificate of court (document preparation fee) $7.00. Documents will be sanitized of confidential information such as, but not limited to, the social security number.
Visit the section of our web site called PLAT SEARCH to view your plat on-line. You can also get a copy at the Courthouse.
No, the Clerk’s office does not have access to statewide records. The clerk can assist with Manatee County records only. See the list below for assistance concerning criminal background checks.
Countywide criminal background
Countywide background checks can be obtained in person, or by mail.
To request the information in person, come to the Records Section located at:
Manatee County Sheriff’s Office
Records Section
600 301 Boulevard West, Suite 202
Bradenton, Florida 34205
Office Hours: Monday – Friday 8:00 am to 6:30 pm
Closed Weekends and Holidays
To request the information by mail, write to:
Manatee County Sheriff’s Office
Records Section
600 301 Boulevard West, Suite 202
Bradenton, Florida 34205
Statewide criminal background checks
Florida Department of Law Enforcement
User Services Bureau Criminal History Services
P O Box 1489 Tallahassee, FL 32302
850 - 410 – 8109
www.fdle.state.fl.us
Nationwide criminal background checks
FBI CJIS Division – Record Request
1000 Custer Hollow Road
Clarksburg, West Virginia 26306
304 - 625 – 3878
www.fbi.gov
Our email address is clerkscopycenter@manateeclerk.com. After receiving your request, a clerk will correspond in a timely manner.
Many statutes and court orders govern the availability of records. Generally access to records through the website can be grouped as follows:
- (Viewable) - Public Records – Records open for public viewing
- (Viewable on Request) - Records which have a higher probability for sensitive information and require manual review prior to release for public viewing
- (Confidential) - Non-Public Records – Records (which may be entire cases or specific documents) which are not available for public viewing
Specifically, there are several exceptions for records access online that are available at the Clerk’s office.
These include some family law cases, probate cases, military discharges, and death certificates. FS 28.2221(5)(a)
Information that is exempt from public records is redacted from documents; the primary method for redaction is to conceal the information resulting in the “blackout” appearance on the document.
No. The clerk must keep social security numbers, bank account, debit, charge, and credit card numbers confidential and exempt from the public viewing. F.S. 119.0714
Since 2001, court records have been captured and maintained as electronic images. The electronic systems have complex rules which provide security based on case type, document type, statutory requirements, and specific court direction. Statutory required redactions and security requirements are managed efficiently through our electronic records systems. In order to protect the security of limited access records, the use of paper file records is kept to a minimum.
Anyone may view a public record without providing information on who they are or why they wish to view the record. Certain non-public records have limited access as provided by statutes or court orders and may require identification to confirm an individual’s interest and authority to view the record. Non-public records will be maintained without public access.
Only public images or images that have been redacted to protect non-public information will be available online while others will have limited access. Publicly available images are processed, identified, and have security applied prior to release for viewing. The viewing of publicly available images varies due to the complexities of the statutes, rules, and court decisions related to public records and exemptions.
You have three options for recording your documents in the Official Records:
1. You can bring your original documents in person to the Recording department of the Clerk’s office at 1115 Manatee Avenue West. Your original documents will be returned to you the same day.
2. You can mail your original documents, along with the appropriate fees and a self-addressed envelope, to one of the following addresses.
For regular mail send to:
Manatee County Clerk of Court
Attn: Recording
PO Box 25400
Bradenton FL 34206
For overnight mail send to:
Manatee County Clerk of Court
Attn: Recording
1115 Manatee Avenue W
Bradenton FL 34205
Your documents will be recorded the day they are received. Please allow 3-5 business days from the day they are recorded for the return of your documents.
3. You can eRecord your document by subscribing with one of our approved vendors. With this option, you retain your original document and the recorded image is sent back as soon as the document is recorded.
Your check can be made payable to Clerk of Circuit Court.
There are many kinds of changes that can be made to deeds – these include adding/removing names, making corrections, placing property into a trust or LLC, and more. To make any type of change to a deed, a new deed must be prepared and recorded.
The Clerk’s office is unable to provide legal forms or assist in filling out any legal forms. It is recommended that you speak to a real estate attorney or title company in order to make sure everything is prepared correctly and that Florida Statutes regarding real estate conveyances are followed.
Recording fees and documentary stamp rates can be found here.
A recording fee calculator can be found here.
Any questions about whether documentary stamp taxes are due can be directed to the Florida Department of Revenue: 850-488-6800
The completed deed can be submitted one of these three ways.
Notice of Commencement forms can be obtained from the Building Department you received your permit from, or you can download a copy of the form here.
Completed and notarized forms can be submitted one of these three ways. Notary services are available at the Clerk’s office if necessary – just bring the completed, unsigned form, along with a valid form of ID.
Most common fees associated with an NOC:
- Recording Fee: $10.00 for the first page and $8.50 for each additional page
- Certified Copy Fee*: $1.00 per page and $2.00 for the certification
- Notary Fee: $5.00 for the first notarization and $2.50 for each additional
View the complete Recording Fee Schedule here.
*To determine if you will need a certified copy, contact the Building Department you received your permit from.
You can download a copy of the Declaration of Domicile form here. The fee breakdown is included as a cover sheet.
If declaring Florida as your primary residence, you will fill out the top portion completely. The bottom portion is *only* for declaring another state as your domicile. Once filled out, you can sign in front of a notary or bring it to the Recording department to sign in front of a Deputy Clerk.
Completed forms can be mailed or recorded in person.
If you are establishing residency in order to apply for Homestead Exemption, you will need to contact the Property Appraiser to complete the process:
www.ManateePAO.gov
Phone: 941-748-8208
Original DD-214s may be mailed or brought to the Recording department in person to be recorded. Recording fees will be charged to Manatee County Veterans Services, so the customer is exempt from paying recording fees.
If certified copies are required, the customer will be responsible for paying for the copies. The fee for certified copies is $1.00 for each page and $2.00 for the certification.
To obtain copies of a DD-214 that has already been recorded (from 1978 to present), the person named on the Discharge must come to the Recording department of the Clerk’s office with valid photo ID. For copies of DD-214s recorded before 1978, you may call the Historical Records Library at 941-741-4070.
If you are unable to come in person, or if you are someone other than the person listed on the document, the Clerk’s office will not be able to provide you copies. In this scenario, you will need to contact the Manatee County Veterans Services office at 941-749-3030. You may also visit www.archives.gov.
It is important to read Florida Statute 713, which governs liens. If you still have questions, you will need to contact an attorney.
Once a lien has been prepared, it can be submitted for recording one of these three ways.
Wills may only be filed after a person’s death. Filing a Will is done through the Probate Department. For further information, please call 941-741-4025.
Manatee County Clerk of Court offers a free Property Alert subscription that alerts you by email when our office records a document that matches the name(s) you register. You can then review the document in the Official Records.
If you suspect fraudulent activity, contact law enforcement.
A common misconception is that property owners do not receive their deed until their mortgage has been paid. Most people receive their original deed at the time of purchase, from the seller or the attorney/title company they did business with. If you cannot find your original deed or you would simply like another copy for your records, you can always obtain a copy of the recorded deed from the Clerk’s office.
After paying off your mortgage, your lender should record a satisfaction or release of mortgage showing that the loan has been paid. Once it has been recorded, you can also obtain a copy of this document from the Clerk’s office.
To print a copy of your deed or satisfaction for free, you can do a search for your document in our Official Records. If you would like to purchase a certified copy, you can contact our Public Access department at 941-741-4040.
The following documents cannot be displayed on publicly available internet websites, pursuant to Florida Statute 28.2221:
- Military Discharge (DD-214)
- Death Certificate
- Documents relating to matters or cases governed by Florida Family Law Rules of Procedure, Florida Rules of Juvenile Procedure, and Florida Probate Rules.
In order to view Death Certificates along with Family, Juvenile, and Probate documents, you may register a free account. You must be logged in to this account to view these documents.
Military discharges are not viewable online. Only the person named on a Military Discharge may purchase copies of the recorded document.
Manatee County's records date back to the 1850s. Documents recorded before 1978 are kept in the Historical Records Library.
Plat maps as far back as 1887 can also be viewed on our website.
Visit the section of our web site called PLAT SEARCH to view your plat on-line. You can also obtain a copy at the Courthouse in our Public Access division.
Land surveys are not recorded or filed with the Clerk's office. To obtain a copy, you will need to contact the land surveyor who performed the survey. If there is a mortgage on the property, sometimes the mortgage holder has a copy of the survey in their records.
If the birth or death took place in Manatee County, you can obtain a copy from the local Bureau of Vital Statistics, which is located at the Manatee County Health Department.
This information is available from the Manatee County Property Appraiser.
If you were born in Florida and have never established legal residency in another state, you are a legal resident of Florida. If you were not born in Florida, to become a legal resident you can either register to vote with the Supervisor of Elections or fill out and record a Declaration of Domicile with the Clerk of the Circuit Court in the recording department.
An apostille is a document certifying the authenticity of a notary or other issuing official’s signature. They are often needed when sending official documents out of country.
All requests for apostilles must be directed to the Florida Secretary of State. Visit their website for more information or call 950-245-6945.
You can get an information packet and register a fictitious name with the Secretary of State in Tallahassee.
The Clerk’s office has Small Claims Paperwork available to file as pro-se litigants. You may download the forms from the Small Claims Section of the Forms Page
The filing fee varies from the amount of the lawsuit. Please see our fee schedule
You may file a small claims case if the money damages do not exceed $8000.00
The Clerk’s office has Small Claims Paperwork available to file as pro-se litigants. Please make sure to download the appropriate form for Auto Negligence. You may download the forms from the Small Claims section of the Forms Page.
When filing Small Claims, the correct venue is necessary to avoid a dismissal. We strongly suggest that you consult with an attorney or research this issue in the law library before filing, as fees are not refundable if the case is dismissed and the Clerk is prohibited from giving legal advice.
For information on how you may collect your money after a Judgment is rendered visit our How to Get Your Money Page. Please note: The Clerk is unable to assist you with any post judgment proceedings.
A Property Information Report ownership and encumbrances report is provided in the file maintained on each property to be sold at a tax deed sale. The files are available for the public to review on the Clerk's website www.records.manateeclerk.com. Search under Court Records, and enter a case number (example 2018TD000001AX)
Tax Deed Sales are conducted online at www.manatee.realforeclose.com; instructions regarding deposits, bidding, and payments can be found on their website.
Any juvenile who breaks the law and is charged with select misdemeanor or felony charges and admits guilt. Referrals come to us from the Department of Juvenile Justice and Juvenile Court.
The Manatee County State Attorney’s Office has pre-approved that certain misdemeanor charges can be diverted to Teen Court. Also, no child may be referred that has been charged with any offense that is sexual in nature, gang related, or involving firearms. In addition, non-violent felonies may be referred to Teen Court at the discretion of the Juvenile Court Judge and approval of the State Attorney.
Once a case is referred, attendance and participation are mandatory in order for the case to be closed successfully. If a teen does not attend or participate, the case will be sent to Juvenile Court/State Attorney for prosecution. Most teens participate fully and appreciate the Teen Court experience.
If you don’t show up and you were referred, you should call the office to speak with the Coordinator, otherwise your case will be closed and forwarded to Juvenile Court/State Attorney. If you can’t show up, please call our office in advance at 941-741-4027.
Peers of the defendants occupy the roles of the attorneys, clerk, bailiff and the jury. The attorneys come early on court days, look over the docket and the cases and they decide who is going to prosecute or defend each defendant whose case is being heard that day. At a previously determined hour, the Judge enters the courtroom and we begin the first case. Each attorney makes opening statements, then we have the questioning period during which time the defendant, under oath, goes to the witness box and answers questions about the incident. The jury then listens to the defendant, observes his/her demeanor and assimilates the information. After the questioning is over, we have closing arguments during which time the attorneys ask for a specific sentence. The judge instructs the jury to go into the Jury Deliberation Room, pick a foreperson and unanimously arrive at a sentence. The sentence will be 15-60 hours of community service work and 3-8 jury duties. In addition some of the following sanctions may apply; letters of apology, essays, curfew, house arrest, suspension of driver’s license, if necessary drug classes and if applicable, restitution must be paid. The defendant and parents then sign a contract agreeing to complete the conditions within a prescribed time frame. If the sanctions are not completed within the prescribed time frame, the case will be closed and forwarded to Juvenile Court/State Attorney for prosecution.
We meet on the 4th floor of the Manatee County Judicial Center located at 1051 Manatee Avenue West, Bradenton. Typically court is held every Tuesday evening throughout the year, however court may not be held during a holiday week (please refer to our Teen Court Dates and Information Page). Youth must report by 5:15 PM and court is normally concluded by 7:15 PM.
If someone wishes to observe our courtrooms, please notify us in advance by calling 941-741-4027 so we know who to expect. Also we require confidentiality for the participants present that evening and swear an oath of confidentiality prior to court starting.
Adult and youth volunteers are always welcome to attend on Tuesday evenings (please refer to our Teen Court Dates and Information Page) or you may call our office for more information.
The Teen Court jury decides on the sentence, fills out the sentencing form and pronounces the sentence to the Defendant in open court.
The case will be referred to Juvenile Court/State Attorney for prosecution. The State Attorney may file formal charges and the Defendant will be required to appear in Juvenile Court.
Under the Florida statutes, a civil infraction traffic ticket is a case in which a person is suspected of committing a non-criminal traffic infraction. These violations are classified as either moving, non-moving or bicycle/pedestrian. A moving violation normally assesses points against the driver license while non-moving and bicycle/pedestrian violations do not. These violations are not punishable by incarceration and there is no right to trial by jury or to court-appointed counsel. Examples of Moving Violations are careless driving; fail to yield at a stop sign, etc. Examples of Non-Moving Violations are no seat belt, improper parking, etc.
In most instances, a civil traffic infraction may be disposed of by:
- A payment of a civil penalty, otherwise known as a fine.
- The election and completion of an authorized driver improvement course, including payment of the fine.
- A hearing before the Court.
You may request any of these options by completing the Traffic Citation Option Form and returning it to the Clerk of the Court within the time allowed
You may pay with cash, money order, or a personal check drawn from a United States bank, we also accept Visa, MasterCard, Discover, and American Express.
Credit card payments can be made online at www.MyFloridaCounty.com. There is a 3.5% nonrefundable service fee when making payments online.
Cash payments can be made at any local Amscot. Payment processing fees will apply.
If paying your traffic fine by check, money order, or cashier's check, please make payable to Manatee County Clerk of the Circuit Court.
Standard Mail
Manatee County Clerk of Court
Attn: Traffic Department
P.O. Box 25400
Bradenton, FL 34206
Expedited/Overnight
Manatee County Clerk of Court
Attn: Traffic Department
1115 Manatee Ave W
Bradenton, FL 34205
If the officer cited you with failure to carry or display a valid driver's license, registration, and/or proof of insurance, and you can prove that these documents were valid at the time the officer issued the citation, then you must submit proof of your valid document(s), the copy of your citation, and pay a dismissal fee (see Traffic Fee Schedule for fee amount) to the Clerk's Office in person or by mail.
The following charges require a mandatory court hearing:
- Leaving a child in an unattended vehicle
- An accident involving a serious bodily/personal injury
If found guilty of an offense involving serious bodily injury to another, the court will impose a mandatory fine of $500.00 plus court costs and a mandatory license suspension of 3 months. - An accident involving a fatality
If found guilty of an offense involving a fatality, the court will impose a mandatory fine of $1,000.00 plus court costs and a mandatory license suspension of 6 months. - Passing on enter/exit side while bus is stopped
- Speed 30+ MPH in excess of posted speed limits
You must present proof of completion of the basic drive improvement course (BDI) to the Manatee County Clerk's Office within 90 calendar days of the date you made payment with the election.
No, the citation will appear on your driving record but will reflect adjudication withheld. This means no points will be assessed against your license.
No, the election for traffic school must be received with payment within 30 days of the offense date. If payment is received without election, the disposition is reported as adjudicated guilty and points will be assessed against your license.
Please consult your insurance company for this information.
No, you must send your certificate of completion to the Clerk’s Office within 90 calendar days from the date the option was elected. It is your responsibility to make sure the Clerk receives a copy.
The Clerk’s Office is required to collect the correct amount as required by Florida statute, even if the officer may have written an incorrect amount.
You may purchase a printout of your Florida driving record (see Traffic Fee Schedule for fee amount). You may also contact the appropriate Drivers License Bureau to find out how many points are assessed against your license.
Once a case has been sent to an outside collection agency, payment must be made to them. Please contact the Traffic Division at (941) 741-4060 to obtain information regarding cases sent to external collection agencies.
To request a petition or for inquiries regarding your property assessment, homestead exemption, or other determination made by the Property Appraiser, contact: The Property Appraiser's Office. A form can also be obtained from the Board Records Department, 941.741.4018 or from the Value Adjustment Board section on the Board Records Page.
The petitioner should request as much time as they estimate they will need to present their case. Most hearings take between fifteen (15) and thirty (30) minutes.
Yes. Pursuant to Florida Statute 194.013, Petitions shall be filed with the appropriate filing fee, as follows:
Single petition - $15.00 per parcel
Single petition for: 1) condominium association, cooperative association, or homeowners' association; and 2) more than one contiguous, undeveloped parcel – if the Property Appraiser determines such parcels are similar in nature (such determination must be in writing from the Property Appraiser) - $15.00, plus $5.00 per additional unit/parcel.
Completed petitions MUST be mailed to: Value Adjustment Board Clerk, 1115 Manatee Avenue West, Bradenton, FL. 34205. Be sure to enclose your check made payable to: Clerk of the Circuit Court. Do not return your petition to the Property Appraiser's Office.
Petitions filed after the deadline are considered “Late Files” and are forwarded to the Special Magistrate or VAB Attorney for review. A late filed petition must be accompanied by a statement of the reasons for the late filing and any documents that support that statement. A hearing is not scheduled unless the Special Magistrate or VAB Attorney finds there is “good cause” for the late filing. The deadline date for filing is Monday, September 10, 2018, at 4:00 p.m.
No later than twenty-five (25) calendar days prior to the hearing, you or your agent of record will be notified of the date, time, and location for the hearing. Hearings will be scheduled beginning in October, and will continue until all petitions have been considered. The sessions are scheduled from 9:00 a.m. to 5:00 p.m.
Each petition may vary in required evidence criteria. The Clerk cannot provide information of this type as these are legal matters.
All supporting documentation and/or evidence must be submitted no later than fifteen (15) calendar days before your scheduled hearing day as required by the statutory deadline. Specific information about the exchange of evidence requirements between the Property Appraiser and the petitioner is available online at Florida Statutes, Section 194.011 and Department of Revenue Rule 12D-9.020.
No petitioner may present for consideration, nor may a Board or Special Magistrate accept for consideration, testimony or other evidentiary materials that were specifically requested of the petitioner in writing by the Property Appraiser in connection with a filed petition, of which the petitioner had knowledge and denied to the Property Appraiser.
Copies of documentation to be considered by the Value Adjustment Board, and a summary of evidence to be presented by witnesses, must be provided by the Petitioner at least fifteen days (15) days prior to your scheduled hearing to:
Manatee County Property Appraiser’s Office
915 4th Avenue West
Bradenton, FL 34205
You should bring two copies of any documentation previously exchanged with the Property Appraiser’s Office. You may also want to bring something on which to take notes. All hearings are recorded and can be made available to you; however, feel free to bring your own recording device. You may need to wait a short time before your hearing begins, so bring whatever items you may need for your own comfort, such as a sweater or jacket, water, or reading material. All cell phones or pagers are to be turned off.
A Special Magistrate will hear the petition. Special Magistrates include attorneys who hear exemption petitions and appraisers who hear commercial, residential, and tangible property petitions.
The VAB appoints Special Magistrates for the purpose of taking testimony and making recommendations to the VAB. The VAB may act upon these recommendations without further hearing. These Special Magistrates may not be elected or appointed officials or employees of the county but shall be selected from a list of those qualified individuals who are willing to serve as Special Magistrates. Employees and elected or appointed officials of a taxing jurisdiction or of the state may not serve as Special Magistrates.
The petitioner will be notified of the scheduled time of appearance no less than twenty-five (25) calendar days prior to the day of such scheduled appearance. Upon receipt of this notification, the petitioner may request a rescheduling of a hearing "for good cause" by submitting a written request to the Value Adjustment Board Clerk before the scheduled appearance, or as soon as practicable. A request to reschedule the hearing made by the Petitioner fewer than five (5) calendar days before the scheduled hearing may be made only for an emergency when "good cause" is shown. These requests will be forwarded to the Value Adjustment Board designee to determine if good cause has been demonstrated.
If you are unable to attend the scheduled hearing, but would like your evidence considered, you must submit your evidence to the Value Adjustment Board Clerk and to the Property Appraiser before the hearing (within the deadlines listed above). Florida law allows the Property Appraiser to cross examine or object to your evidence. The VAB Special Magistrate ruling will occur under the same statutory guidelines as if you were present.
A taxpayer has the right, at the taxpayer’s own expense, to be represented by an attorney or by an agent. The agent need not be a licensed individual or person with specific qualifications and may be any person, including a family member, authorized by the taxpayer to represent them before the VAB. A petition filed by an unlicensed agent must also be signed by the taxpayer or accompanied by a written authorization from the taxpayer.
If you wish to withdraw your petition from consideration by the VAB, you must do so in writing. A Petition Withdrawal Form is available from the Value Adjustment Board section on the Board Records Page. The Withdrawal Form can be delivered to the Value Adjustment Board Clerk, 1115 Manatee Avenue West, Bradenton, FL 34205; emailed to vab@manateeclerk.com; or faxed to 941-741-4089.
An Injunction, sometimes called a Restraining Order, is a Court Order which tells someone to do or not do something. An Injunction for Protection against Violence is signed by a judge and can be enforced by law enforcement or the courts. In Florida Injunctions for Protection are governed by Florida Statutes Sections 741.30 and 784.046.
Injunctions filed under these statutes are intended to protect victims of violence, or in some cases, those who have a reasonable fear that violence is imminent.
There is no fee to file an injunction or to have one served.
If the court enters an injunction, it will prohibit the respondent (the person you filed it against) from continuing any acts or threats of violence. The court may also order the respondent to vacate your residence, stay away from your residence, and stay away from your workplace. If the injunction states that there is to be "no contact" between the parties, the respondent is prohibited from communicating with the petitioner directly, indirectly, or through a third party. The respondent must obey the court's order or face criminal charges. If you and the respondent have minor children together, the judge may also award custody and order financial support for you and/or your children.
Come to the office of the Clerk of the Circuit Court, Violence Protection Division. We can provide you with the forms that you will need to fill out. Once the papers have been completed you will be asked to swear that the information given is true. (Knowingly swearing to false information is considered perjury; a felony in the third degree).
After you file the paperwork, a Judge will review your file, usually the same day. Based on the information you have given, the Judge will determine whether to sign a Temporary Injunction for Protection. If you are granted a Temporary Injunction a hearing will be set within 15 days from the date the Petition was filed. The judge may also set a hearing without issuing an injunction, or may deny the petition.
The judge will decide at the hearing whether to issue a Final Judgment of Injunction. The judge will specify what conditions or restrictions are to be placed upon the respondent and for what length of time the injunction will be in effect.
If there is any danger, call 911. Law enforcement may make an arrest, or in some cases only write a report. Anytime the injunction is violated an affidavit may be filed at the clerk’s office. The State attorney and the judge review the affidavit and determine whether the respondent will be ordered to appear in court for violating the injunction. You may be required to appear and testify if the case results in a trial.
Forms are available at the clerk’s office to ask the judge to modify or dissolve your injunction. The injunction will remain in force until the judge signs an order changing it. A hearing is usually required to modify or dismiss an injunction.
An attorney can certainly be helpful in presenting your case to the judge, but many people complete the whole process without the help of an attorney.
Generally, Florida law states that a court can enter an injunction to protect the victim of violence under any of the four following types of violent relationships:
- A "Domestic Violence Injunction" requires that the parties have lived together “as if a family” or have a child together. The petitioner (the person asking for protection) must be a victim of domestic violence, or have reasonable cause to believe that violence is imminent.
- For a "Repeat Violence Injunction" the respondent (the person the petitioner is asking for protection from) must have committed two incidents of violence against the petitioner or the petitioner’s immediate family member and one of the incidents must have been within the past six months.
- A "Dating Violence Injunction" would apply if the parties have had a continuing dating relationship within the past six months that involved the expectation of affection or sexual involvement. The petitioner must be a victim of violence or have reasonable cause to believe violence is imminent.
- To file a "Sexual Violence Injunction" the petitioner must be a victim of sexual violence, have reported that crime and be cooperating with law enforcement agencies; or the respondent who committed the sexual violence was sentenced and the term of imprisonment is expired or is due to expire within 90 days.
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