general records schedule gs11 for clerks of court - Office of District ...
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State <strong>of</strong> Florida<br />
GENERAL RECORDS SCHEDULE GS11<br />
FOR<br />
CLERKS OF COURT<br />
December 1997<br />
Department <strong>of</strong> State<br />
Division <strong>of</strong> Library and In<strong>for</strong>mation Services<br />
Bureau <strong>of</strong> Archives and Records Management<br />
The Capitol<br />
Tallahassee, Florida 32399-0250<br />
(850) 245-6750 Suncom 205-6750
DEPARTMENT OF STATE<br />
GENERAL RECORDS SCHEDULE GS11<br />
CLERK OF COURTS<br />
ABSTRACT OF TITLE RECORDS<br />
Item#-1<br />
This record series consists <strong>of</strong> documentation showing the description <strong>of</strong> property, the names <strong>of</strong> the grantors and grantees,<br />
mortgagors and mortgagees, the aspect <strong>of</strong> the instrument and other in<strong>for</strong>mation as may be deemed advisable. See also Chapter<br />
703, Florida Statutes.<br />
RETENTION:<br />
a) Record copy. Permanent, media copy optional.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
ACCOUNTS PAYABLE/RECEIVABLE RECORDS: SUPPORTING<br />
DOCUMENTS (CHILD SUPPORT/ALIMONY)<br />
Item#-83<br />
This record series includes but is not limited to documentation <strong>of</strong> receipts and disbursements and the individual items leading to the<br />
summary in<strong>for</strong>mation. Records may include the vendor name, vendor invoice and number, date <strong>of</strong> invoice, warrant number, date <strong>of</strong><br />
warrant and the amount <strong>of</strong> the warrant. Series may also include coupon books and outstanding receipt reports. See also<br />
“ACCOUNTS PAYABLE/RECEIVABLE RECORDS: SUMMARY” in the GS1.<br />
RETENTION:<br />
a) Record copy. Four (4) calendar years provided applicable audits have been released.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
ADOPTION CASE FILES<br />
Item#-66<br />
This record series consists <strong>of</strong> <strong>court</strong> proceedings used to process adoption petitions as defined in Chapter 63, Florida Statutes.<br />
See also Rule 2.075(d)(6) <strong>of</strong> the Florida Rules <strong>of</strong> Court, Judicial Administration.<br />
RETENTION:<br />
a) Record copy. Seventy-five (75) years after judgment becomes final, media copy optional.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
APPLICATIONS: INTERCEPTION OF WIRE AND ORAL COMMUNICATIONS<br />
Item#-88<br />
This record series consists <strong>of</strong> applications <strong>for</strong> an order authorizing the interception <strong>of</strong> a wire or oral communications and orders<br />
granted pursuant to Chapter 934, Florida Statutes. Also included are original recordings <strong>of</strong> the contents <strong>of</strong> any wire or oral<br />
communication made pursuant to Section 934.09, Florida Statutes. They shall not be destroyed except upon an order <strong>of</strong> the<br />
issuing or denying judge, or that judge’s successor in <strong>of</strong>fice, and in any event shall be kept <strong>for</strong> ten (10) years.<br />
RETENTION:<br />
a) Record copy. Ten (10) years (upon permission <strong>of</strong> the Court).<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
BANK STATEMENTS: RECONCILIATION (CHILD SUPPORT/ALIMONY)<br />
Item#-8<br />
This record series consists <strong>of</strong> monthly statements <strong>of</strong> bank accounts to show debits, credits and cash balance in the account..<br />
RETENTION:<br />
a) Record copy. Four (4) calendar years provided applicable audits have been released.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
BOND RECORDS: APPEARANCE<br />
Item#-2<br />
This record series consists <strong>of</strong> documentation <strong>of</strong> all in<strong>for</strong>mation provided and required <strong>of</strong> any criminal defendant who is required to<br />
meet monetary bail or bail with any monetary element. Types <strong>of</strong> bonds included are: Surety Bonds, Cash Bonds, and Release on<br />
Recognizance Bonds. Series may also include transmittals from the jail <strong>of</strong> bonds transferred to the Clerk, correspondence to<br />
agencies concerning bonds posted in the county, and cash appearance bond books. See also Section 903.105, Florida Statutes<br />
and Rule 3.131 <strong>of</strong> the Florida Rules <strong>of</strong> Court, Rules <strong>of</strong> Criminal Procedure.<br />
RETENTION:<br />
a) Record copy. Three (3) fiscal years provided applicable audits have been released.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
BONDS: RECEIPT RECORDS<br />
Item#-10<br />
This record series consists <strong>of</strong> receipts <strong>of</strong> bonds posted with the Sheriff's <strong>Office</strong> which include the name, charge, amount <strong>of</strong> bond,<br />
date, etc. This is presented to the Clerk's <strong>Office</strong> <strong>for</strong> acknowledging receipt <strong>of</strong> the original bond <strong>for</strong> the appropriate <strong>court</strong> files.<br />
RETENTION:<br />
a) Record copy. Three (3) fiscal years provided applicable audits have been released.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
1<br />
12/97
DEPARTMENT OF STATE<br />
GENERAL RECORDS SCHEDULE GS11<br />
CLERK OF COURTS<br />
BONDS: SURETY/PERFORMANCE OF SERVICE<br />
Item#-67<br />
This record series pertains to bonds that are required under various chapters <strong>of</strong> the Florida Statutes to be filed with the Clerk <strong>of</strong> the<br />
Circuit Court. The single largest type is the one <strong>for</strong> the Deputy Sheriffs. Also <strong>for</strong> commissioners <strong>of</strong> the Mosquito Control <strong>District</strong>,<br />
Hospital Taxing <strong>District</strong> Trustees, etc. Reference Sections 30.09, 155.09, and 388.131, Florida Statutes.<br />
RETENTION:<br />
a) Based on failure to per<strong>for</strong>m services. Five (5) years after termination or settlement <strong>of</strong> cases provided applicable audits have<br />
been released.<br />
b) Not based on failure to per<strong>for</strong>m services. One (1) fiscal year after termination, provided applicable audits have been released.<br />
c) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
CASH COLLECTION RECORDS: DAILY (CHILD SUPPORT/ALIMONY)<br />
Item#-15<br />
This record series consists <strong>of</strong> daily cash listings and transaction tapes. See also "CASH COLLECTION RECORDS: DAILY,"<br />
and/or "CASH RECEIPT/REPORT RECORDS,” in the General Records Schedule GS1, State and Local Governmental Records."<br />
RETENTION:<br />
a) Record copy. Four (4) calendar years provided applicable audits have been released.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
CASH RECEIPT/REPORT RECORDS: CHILD SUPPORT/ALIMONY<br />
Item#-17<br />
This record series consists <strong>of</strong> a copy <strong>of</strong> each receipt written <strong>for</strong> cash which is numbered sequentially and used to balance <strong>for</strong> cash<br />
deposits. Series also includes all receipt books that record child support/alimony revenue. See also "CASH COLLECTION<br />
RECORDS: DAILY (CHILD SUPPORT/ALIMONY), General Records Schedule GS11, Item #15 and/or "CASH COLLECTION<br />
RECORDS: DAILY," "CASH RECEIPT/REPORT RECORDS," and/or "DEPOSIT SLIPS,” in the General Records Schedule GS1,<br />
State and Local Government Records.<br />
RETENTION:<br />
a) Record copy. Four (4) calendar years provided applicable audits have been released.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
CHECKS: REGISTERS (CHILD SUPPORT/ALIMONY)<br />
Item#-19<br />
This record series consists <strong>of</strong> a register <strong>of</strong> all checks issued which includes check number, date, amount, individual or vendor, and<br />
purpose. See also "CHECKS: REGISTERS" in the General Records Schedule GS1, and/or "CHECKS: STUBS (CHILD<br />
SUPPORT/ALIMONY)", Item#21, General Records Schedule GS11, State and Local Government Records.<br />
RETENTION:<br />
a) Record copy. Four (4) calendar years provided applicable audits have been released.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
CHECKS: STUBS (CHILD SUPPORT/ALIMONY)<br />
Item#-21<br />
This record series consists <strong>of</strong> check stubs <strong>for</strong> all checks written against the accounts administered by the agency. The stubs<br />
contain in<strong>for</strong>mation relating to the amount <strong>of</strong> the check, to whom the check was issued, the purpose <strong>of</strong> the check, the date and the<br />
check number. Also contained on the stub is the remaining balance after the check is written and the amount <strong>of</strong> the deposits when<br />
made.<br />
RETENTION:<br />
a) Record copy. Four (4) calendar years provided applicable audits have been released.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
CIVIL ACTION CASE FILES<br />
Item#-22<br />
This record series consists <strong>of</strong> individual folders, usually in either numeric or chronologic/numeric order. Series includes ordinance<br />
violations, civil litigation proceedings in county <strong>court</strong> other than those under the Small Claims Rules, and Civil proceedings in circuit<br />
<strong>court</strong> except marriage dissolutions, adoptions, and probate. See also Rule 2.075(d)(3) <strong>of</strong> the Florida Rules <strong>of</strong> Court, Judicial<br />
Administration.<br />
RETENTION:<br />
a) Record copy. Five (5) years after a judgment has become final.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
2<br />
12/97
DEPARTMENT OF STATE<br />
GENERAL RECORDS SCHEDULE GS11<br />
CLERK OF COURTS<br />
CONDOMINIUM, DECLARATIONS OF - EXHIBITS<br />
Item#-68<br />
This record series consists <strong>of</strong> documents pertaining to the creation <strong>of</strong> a condominium, including graphic descriptions, which are<br />
filed with the clerk under Chapter 718.105(3), Florida Statutes. These documents are filed in a special series <strong>of</strong> books when the<br />
condominium exhibit is larger than 8-1/2” x 11”. Reference to these exhibits (Condo Book & Page) are found in the “Official<br />
Records Index”.<br />
RETENTION:<br />
a) Record copy. Permanent, media copy optional.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
COURT CALENDARS<br />
Item#-69<br />
This record series consists <strong>of</strong> judicial <strong>court</strong> calendars provided to the clerk by judges which are used to communicate available<br />
dates <strong>for</strong> <strong>court</strong> hearings, trials, etc.<br />
RETENTION:<br />
a) Record copy. Retain until obsolete, superseded or administrative value is lost.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
COURT DOCKETS/NOTES<br />
Item#-35<br />
This record series consists <strong>of</strong> a <strong>court</strong> docket, which may be <strong>for</strong> either civil or criminal proceedings, which lists the<br />
defendant/plaintiff along with the <strong>court</strong> file number, <strong>court</strong> date, and attorney <strong>of</strong> record. Notations are placed on the docket by<br />
attending <strong>court</strong> <strong>clerks</strong> regarding <strong>schedule</strong>d <strong>court</strong> events <strong>for</strong> a specific judge and <strong>court</strong> session which include but are not limited to,<br />
pleas, fine amount, or other sentencing in<strong>for</strong>mation as stated by the judge during the <strong>court</strong> hearing.<br />
RETENTION:<br />
a) Record copy. One (1) calendar year from hearing date.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
COURT RECORDINGS (AUDIO/VISUAL): WITH TRANSCRIPT<br />
Item#-23<br />
This record series consists <strong>of</strong> audio/visual recordings and logs taken during <strong>court</strong> proceedings when taken by the <strong>of</strong>fice <strong>of</strong> the Clerk<br />
<strong>of</strong> the Courts and a transcript is made. Series may also include minutes <strong>of</strong> <strong>court</strong> proceedings as described in Section 28.212 <strong>of</strong> the<br />
Florida Statues. See also "COURT RECORDINGS (AUDIO/VISUAL): WITHOUT TRANSCRIPT (FELONY CASES)" and/or<br />
"COURT RECORDINGS (AUDIO/VISUAL): WITHOUT TRANSCRIPT (NON-FELONY CASES)."<br />
RETENTION:<br />
a) Record copy. Two (2) calendar years after transcribed.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
COURT RECORDINGS (AUDIO/VISUAL): WITHOUT TRANSCRIPT (FELONY<br />
CASES)<br />
Item#-24<br />
This record series consists <strong>of</strong> audio/visual recordings and logs taken during felony case <strong>court</strong> proceedings when taken by the <strong>of</strong>fice<br />
<strong>of</strong> the Clerk <strong>of</strong> the Courts and a transcript has not been made. Series may also include minutes <strong>of</strong> <strong>court</strong> proceedings as described<br />
in Section 28.212 <strong>of</strong> the Florida Statues. See also "COURT RECORDINGS (AUDIO/VISUAL): WITH TRANSCRIPT" and/or<br />
"COURT RECORDINGS (AUDIO/VISUAL): WITHOUT TRANSCRIPTS (NON-FELONY CASES)."<br />
RETENTION:<br />
a) Record copy. Ten (10) calendar years after recorded.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
COURT RECORDINGS (AUDIO/VISUAL): WITHOUT TRANSCRIPT<br />
(NON-FELONY CASES)<br />
Item#-25<br />
This record series consists <strong>of</strong> audio/visual recordings and logs taken during non-felony case <strong>court</strong> proceedings when taken by the<br />
<strong>of</strong>fice <strong>of</strong> the Clerk <strong>of</strong> the Courts and a transcript has not been made. Series may also include minutes <strong>of</strong> <strong>court</strong> proceedings as<br />
described in Section 28.212 <strong>of</strong> the Florida Statues. See also "COURT RECORDINGS (AUDIO/VISUAL): WITH TRANSCRIPT,"<br />
and/or "COURT RECORDINGS (AUDIO/VISUAL): WITHOUT TRANSCRIPTS (FELONY CASES)."<br />
RETENTION:<br />
a) Record copy. Five (5) calendar years after recorded.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
3<br />
12/97
DEPARTMENT OF STATE<br />
GENERAL RECORDS SCHEDULE GS11<br />
CLERK OF COURTS<br />
COURT RECORDS: SEALED<br />
Item#-82<br />
This record series consists <strong>of</strong> <strong>records</strong> which have been sealed from public examination by order <strong>of</strong> <strong>court</strong> pursuant to Rule 2.075(j)<br />
<strong>of</strong> the Florida Rules <strong>of</strong> Court, Judicial Administration.<br />
RETENTION:<br />
a) Record copy. Destroy upon permission <strong>of</strong> the Court.<br />
b) Duplicates. Destroy upon permission <strong>of</strong> the Court.<br />
COURT REGISTRY<br />
Item#-9<br />
This record series consists <strong>of</strong> <strong>records</strong>, ledgers and journals showing amounts paid into the Court Registry, held by the Court, and<br />
paid out by the Court. See also Section 28.24(13), 28.33 & 74.051, Florida Statutes.<br />
RETENTION:<br />
a) Record copy. Permanent, media copy optional.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
COURT REPORTERS’ NOTES<br />
Item#-38<br />
This record series consists <strong>of</strong> verbatim notes or electronic voice recordings <strong>of</strong> judicial or discovery proceedings as stated in Rule<br />
2.075(e) <strong>of</strong> the Florida Rules <strong>of</strong> Court, Judicial Administration.<br />
RETENTION:<br />
a) Judicial proceedings, arbitration hearing, and discovery proceedings when an original transcript has been prepared. Two (2)<br />
years from the date <strong>of</strong> the transcript.<br />
b) Judicial proceedings in felony cases when a transcript has not been prepared. Ten (10) years after recorded.<br />
c) All other judicial proceedings, arbitration hearings, and discovery proceedings when a transcript has not been prepared. Five (5)<br />
years after recorded.<br />
d) Duplicates. Retain until obsolete, superseded, or administrative value is lost.<br />
COURT REPORTS<br />
Item#-26<br />
This record series consists <strong>of</strong> <strong>court</strong> reports, including SRS, jury management, witness management, uni<strong>for</strong>m case reporting system<br />
<strong>records</strong> and other statistical <strong>court</strong> reports. See also "COURT REPORTS: UNIFORM RECIPROCAL ENFORCEMENT OF CHILD<br />
SUPPORT." See also Rule 2.080(a) <strong>of</strong> the Florida Rules <strong>of</strong> Court, Judicial Administration.<br />
RETENTION:<br />
a) Record copy. Three (3) calendar years.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
COURT REPORTS: UNIFORM RECIPROCAL ENFORCEMENT OF CHILD SUPPORT<br />
Item#-28<br />
This record series consists <strong>of</strong> <strong>court</strong> reports <strong>of</strong> Uni<strong>for</strong>m Reciprocal En<strong>for</strong>cement <strong>of</strong> Child Support cases. See also "COURT<br />
REPORTS".<br />
RETENTION:<br />
a) Record copy. Four (4) calendar years.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
CRIMINAL CASE FILES: FELONY (ADJUDICATED GUILTY)<br />
Item#-29<br />
This record series consists <strong>of</strong> felony cases in which the defendant was adjudicated guilty pursuant to Rule 2.075(d)(6) <strong>of</strong> the Florida<br />
Rules <strong>of</strong> Court, Judicial Administration. See also "CRIMINAL CASE FILES: FELONY (NOT ADJUDICATED GUILTY)." “These<br />
<strong>records</strong> may have archival value.”<br />
RETENTION:<br />
a) Record copy. Seventy-five (75) years after a judgment becomes final, media copy optional.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
CRIMINAL CASE FILES: FELONY (NOT ADJUDICATED GUILTY)<br />
Item#-30<br />
This record series consists <strong>of</strong> felony cases in which no in<strong>for</strong>mation or indictment was filed, in which all charges were dismissed, in<br />
which the state announced a nolle prosequi or in which the defendant was adjudicated not guilty pursuant to Rule 2.075(d)(5) <strong>of</strong> the<br />
Florida Rules <strong>of</strong> Court, Judicial Administration. See also "CRIMINAL CASE FILES: FELONY (ADJUDICATED GUILTY)."<br />
RETENTION:<br />
a) Record copy. Ten (10) years after a judgment has become final.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
4<br />
12/97
DEPARTMENT OF STATE<br />
GENERAL RECORDS SCHEDULE GS11<br />
CLERK OF COURTS<br />
CRIMINAL CASE FILES: FUGITIVE / OUT OF COUNTY WARRANTS<br />
Item#-7<br />
This record series consists <strong>of</strong>, but is not limited to, arrest affidavit, <strong>court</strong> dispositions, orders, waiver <strong>of</strong> extradition, copy <strong>of</strong><br />
governor’s warrant and miscellaneous attorney pleadings.<br />
RETENTION:<br />
a) Record copy. Seventy-Five (75) years then <strong>of</strong>fer to Florida State Archives after administratively inactive; media copy optional.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
CRIMINAL CASE FILES: MISDEMEANOR/TRAFFIC<br />
Item#-31<br />
This record series consists <strong>of</strong> misdemeanor actions, criminal traffic violations and ordinance violations pursuant to Rule 2.075(d)(3)<br />
<strong>of</strong> the Florida Rules <strong>of</strong> Court, Judicial Administration.<br />
RETENTION:<br />
a) Record copy. Five (5) years after a judgment has become final.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
DECLARATION NAMING PRE-NEED GUARDIAN<br />
Item#-77<br />
This record series consists <strong>of</strong> declarations naming guardians in the event <strong>of</strong> incapacity or in the event <strong>of</strong> death <strong>of</strong> parents <strong>for</strong><br />
minors. This proceeding is pursuant to Section 744.3045, Florida Statutes. See also Rule 2.075(d)(4) & Rule 2.075(d)(6) <strong>of</strong> the<br />
Florida Rules <strong>of</strong> Court, Judicial Administration.<br />
RETENTION:<br />
a) Record copy. Seventy five (75) years from date filed, media copy optional.<br />
b) Duplicates. Retain until obsolete, superseded, or administrative value is lost.<br />
DELAYED BIRTH (APPLICATION/CERTIFICATE/AFFIDAVITS, ETC.)<br />
Item#-78<br />
This record series consists <strong>of</strong> an application signed by a judge <strong>for</strong> a birth (other than in a hospital usually). This record is filed with<br />
the County Court pursuant to Section 382.018(3), Florida Statutes. Once signed, the application becomes an order. The record<br />
copy is sent to Vital Statistics.<br />
RETENTION:<br />
a) Record copy. Permanent, media copy optional.<br />
b) Duplicates. Retain until obsolete, superseded, or administrative value is lost.<br />
DEPOSIT SLIPS: CHILD SUPPORT/ALIMONY<br />
Item#-33<br />
This record series consists <strong>of</strong> child support/alimony deposit receipts and the bank validated deposit slips showing the source <strong>of</strong> the<br />
money, amount and date <strong>of</strong> deposit. See also "DEPOSIT SLIPS" in the General Records Schedule <strong>for</strong> State and Local<br />
Governments, GS1.<br />
RETENTION:<br />
a) Record copy. Four (4) calendar years provided applicable audits have been released.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
DEPOSITORY LEDGER REPORTS<br />
This record series consists <strong>of</strong> depository ledger reports filed with Clerk <strong>of</strong> Court.<br />
RETENTION:<br />
a) Record copy. Three (3) fiscal years provided applicable audits have been released.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost<br />
DEPOSITORY LEDGER REPORTS: CHILD SUPPORT/ALIMONY<br />
This record series consists <strong>of</strong> depository ledger reports filed with Clerk <strong>of</strong> Court.<br />
RETENTION:<br />
a) Record copy. Four (4) calendar years provided applicable audits have been released.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost<br />
Item#-34<br />
Item#-84<br />
DOCUMENTARY STAMP/BALANCE SHEETS<br />
Item#-6<br />
This record series consists <strong>of</strong> the daily worksheets used to balance the documentary stamps sold by the Clerk <strong>of</strong> Court. This<br />
in<strong>for</strong>mation becomes part <strong>of</strong> the documentary stamp report. Note: After 4/1/97, physical (gum) stamps will no longer be sold.<br />
RETENTION:<br />
a) Record copy. One (1) fiscal year provided applicable audits have been released.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
5<br />
12/97
DEPARTMENT OF STATE<br />
GENERAL RECORDS SCHEDULE GS11<br />
CLERK OF COURTS<br />
DOCUMENTARY STAMP REPORT<br />
Item#-48<br />
This record series consists <strong>of</strong> the clerk’s copy <strong>of</strong> a report sent to the Department <strong>of</strong> Revenue pursuant to Chapter 201, Florida<br />
Statutes.<br />
RETENTION:<br />
a) Record copy: Three (3) fiscal years after payment provided applicable audits have been released.<br />
b) Duplicates: Retain until obsolete, superseded or administrative value is lost.<br />
DOCUMENTARY STAMP LOGS/JOURNAL<br />
Item#-80<br />
This record series consists <strong>of</strong> a log, listing, or journal <strong>of</strong> the Clerk’s record <strong>of</strong> documentary stamps collected on unrecorded<br />
documents pursuant to Rule 12.B-4.001, Florida Administrative Code.<br />
RETENTION:<br />
a) Record copy: Three (3) fiscal years after payment provided applicable audits have been released.<br />
b) Duplicates: Retain until obsolete, superseded or administrative value is lost.<br />
DRAFTS AND WORKING PAPERS<br />
Item#-49<br />
This <strong>records</strong> series consists <strong>of</strong> documents, correspondence, reports, memos, and other materials in preliminary or developmental<br />
<strong>for</strong>m be<strong>for</strong>e their iteration as a final product. Drafts may include copies <strong>of</strong> materials circulated <strong>for</strong> review <strong>for</strong> grammar, spelling, and<br />
content. Working papers may include notes and miscellaneous documents and materials used in compiling and assembling the<br />
final product. Two important issues should be noted with regard to drafts and working papers. Note that there is an “unfinished<br />
business” provision in Florida’s public <strong>records</strong> law: Drafts and working papers are public <strong>records</strong> under the definition <strong>of</strong> that term as<br />
it appears in Chapter 119, Florida Statutes. Any agency document prepared in connection with agency business and intended to<br />
perpetuate, <strong>for</strong>malize, or communicate knowledge is a public record. Note also that preliminary drafts <strong>of</strong> certain types <strong>of</strong><br />
documents may have long-term value. In some cases, these <strong>records</strong> may have archival, or historical value. Drafts <strong>of</strong> agency<br />
mission statements or preliminary versions <strong>of</strong> policy initiatives that could have a significant effect on a state or local government<br />
agency’s ability and responsibility to fulfill its function would qualify as <strong>records</strong> with a longer retention requirement.<br />
RETENTION:<br />
a) Record copy. Retain until obsolete, superseded or administrative value is lost.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
ERRORS AND INSOLVENCIES LIST<br />
Item#-5<br />
This record series consists <strong>of</strong> a report that is created by the Tax Collector’s <strong>Office</strong>, approved by the Board <strong>of</strong> County<br />
Commissioners, and then filed with the Clerk <strong>of</strong> the Circuit Court. The report shows the discounts, errors, double assessments,<br />
and insolvencies <strong>for</strong> which credit is given, including in every case except discounts, the names <strong>of</strong> the parties on whose account the<br />
credit is allowed. See Florida Statutes, Section 197.492 <strong>for</strong> statutory authority.<br />
RETENTION:<br />
a) Record copy. Permanent, media copy optional.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
EXHIBITS: CRIMINAL PROCEEDINGS<br />
Item#-36<br />
This record series consists <strong>of</strong> exhibits that are introduced in criminal proceedings as stated in Rule 2.075(f)(1) <strong>of</strong> the Florida Rules<br />
<strong>of</strong> Court, Judicial Administration and as provided by Section 43.195, Florida Statutes. See also "EXHIBITS: NON-CRIMINAL<br />
PROCEEDINGS." RETENTION:<br />
a) Record copy. Three (3) years after a judgment has become final.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
EXHIBITS: NON-CRIMINAL PROCEEDINGS<br />
Item#-37<br />
This record series consists <strong>of</strong> exhibits that are introduced in civil proceedings as stated in Rule 2.075(f)(2) and Rule 2.075(h) <strong>of</strong> the<br />
Florida Rules <strong>of</strong> Court, Judicial Administration. See also "EXHIBITS: CRIMINAL PROCEEDINGS."<br />
RETENTION:<br />
a) Record copy. Ninety (90) days after a judgment has become final.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
6<br />
12/97
DEPARTMENT OF STATE<br />
GENERAL RECORDS SCHEDULE GS11<br />
CLERK OF COURTS<br />
FAMILY CASE FILES: ALIMONY/SUPPORT/CUSTODY<br />
Item#-52<br />
This record series includes but is not limited to marriage dissolutions and other civil proceedings <strong>of</strong> record which involve alimony,<br />
support, or custody <strong>of</strong> children. Series may include income deduction authorizations and/or paternity and income deduction<br />
affidavits <strong>for</strong> support being received <strong>for</strong> out-<strong>of</strong>-county judgments. See also "FAMILY CASE FILES: NON-<br />
ALIMONY/SUPPORT/CUSTODY" and Rule 2.075(d)(9) <strong>of</strong> the Florida Rules <strong>of</strong> Court, Judicial Administration<br />
RETENTION:<br />
a) Record copy. Ten (10) years from the last record activity.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
FAMILY CASE FILES: NON-ALIMONY/SUPPORT/CUSTODY<br />
Item#-53<br />
This record series includes but is not limited to marriage dissolutions and other civil proceedings which do not involve alimony,<br />
support, or custody <strong>of</strong> children. Series may include injunctions, domestic violence, repeat violence, name changes, annulments,<br />
paternity, grandparents’ visitation cases, and legal separations without divorce. See also "FAMILY CASE FILES: ALIMONY/<br />
SUPPORT/CUSTODY”, “CIVIL ACTION CASE FILES” and Rule 2.075(d)(9) <strong>of</strong> the Florida Rules <strong>of</strong> Court, Judicial Administration.<br />
RETENTION:<br />
a) Record copy. Five (5) years from the last record activity.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
GAS PIPELINE RECORDS: GAS PIPELINE FILES<br />
Item#-62<br />
This record series consists <strong>of</strong> a separate file containing the name, address, and telephone number <strong>of</strong> the owner having the right to<br />
bury gas pipelines, pursuant to Section 553.851(2)(b), Florida Statutes.<br />
RETENTION:<br />
a) Record copy. Permanent, media copy optional.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
GRAND JURY NOTES:<br />
Item#-81<br />
This record series consists <strong>of</strong> stenographic <strong>records</strong>, notes, and transcriptions made by the <strong>court</strong> reporter or stenographer during<br />
the grand jury session. These <strong>records</strong> are normally kept in a sealed container and are not subject to public inspection pursuant to<br />
Section 905.17(1), Florida Statutes. A Court order must be obtained <strong>for</strong> disposition. See also Section 905.395, Florida Statutes.<br />
RETENTION:<br />
a) Record copy. Ten (10) years from closing <strong>of</strong> session.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
GRAND JURY WITNESS REPORTS<br />
Item#-39<br />
This record series consists <strong>of</strong> a report or list <strong>of</strong> all witnesses who have been sworn by the Grand Jury during a term. The list is filed<br />
by the Clerk <strong>of</strong> Court. See also Section 905.13 and 905.195, Florida Statutes.<br />
RETENTION:<br />
a) Record copy. Five (5) years after submitted.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
GUARDIANSHIP CASE FILES<br />
Item#-45<br />
This record series consists <strong>of</strong> guardianship proceedings as stated in Rule 2.075(d)(4) <strong>of</strong> the Florida Rules <strong>of</strong> Court, Judicial<br />
Administration. May also include annual accounting backup.<br />
RETENTION:<br />
a) Record copy. Ten (10) years from the last record activity, media copy optional.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
HOME SOLICITATION RECORDS<br />
Item#-11<br />
This record series consists <strong>of</strong> applications filed with the Clerk <strong>of</strong> Circuit Court <strong>for</strong> home solicitation permits as provided in Section<br />
501.022, Florida Statutes. Series may include, but is not limited to, sworn applications, photographs <strong>of</strong> applicant, fingerprint cards,<br />
copies <strong>of</strong> correspondence sent to the Department <strong>of</strong> Law En<strong>for</strong>cement, Sheriffs <strong>Office</strong> and Applicant, miscellaneous <strong>for</strong>ms used by<br />
the Clerk to document the progress <strong>of</strong> the file, permit application, and decision regarding the approval or disapproval <strong>for</strong> issuing a<br />
permit.<br />
RETENTION:<br />
a) Record copy. Three (3) fiscal years upon expiration <strong>of</strong> renewal provided applicable audits have been released.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
7<br />
12/97
DEPARTMENT OF STATE<br />
GENERAL RECORDS SCHEDULE GS11<br />
CLERK OF COURTS<br />
HOME SOLICITATION RECORDS: INDEX<br />
Item#-12<br />
This record series consists <strong>of</strong> an index to all applications filed with the Clerk <strong>of</strong> Circuit Court <strong>for</strong> home solicitation permits as<br />
provided in Section 501.022, Florida Statutes.<br />
RETENTION:<br />
a) Record copy. Permanent, media copy optional.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
INTANGIBLE TAX REPORTS<br />
Item#-43<br />
This record series consists <strong>of</strong> the Clerk’s copy <strong>of</strong> reports sent to the Department <strong>of</strong> Revenue pursuant to Section 199.135(3),<br />
Florida Statutes.<br />
RETENTION:<br />
a) Record copy. Three (3) fiscal years after payment provided applicable audits have been released.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
JOURNALS: CHILD SUPPORT/ALIMONY (SUMMARY)<br />
Item#-44<br />
This record series consists <strong>of</strong> summaries <strong>of</strong> all financial child support/alimony transactions. See also "JOURNALS: GENERAL<br />
(SUMMARY)" in the General Records Schedule <strong>for</strong> State and Local Governments, GS1.<br />
RETENTION:<br />
a) Record copy. Four (4) calendar years provided applicable audits have been released.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
JURY/GRAND JURY LISTS<br />
Item#-47<br />
This record series consists <strong>of</strong>, but is not limited to, prospective juror lists, master juror lists, attorney lists, postponements,<br />
questionnaires and jury selection <strong>for</strong>m.<br />
RETENTION:<br />
a) Record copy. Two (2) fiscal years.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
JURY/GRAND JURY/WITNESS: PAYROLL RECORDS<br />
Item#-60<br />
This record series consists <strong>of</strong> fee and payment lists, in<strong>for</strong>mation on the jurors or witnesses, pay slips, venires and<br />
acknowledgments <strong>of</strong> receipt <strong>of</strong> payment <strong>for</strong> juries and witnesses at County, Circuit, Criminal and Grand Jury proceedings.<br />
RETENTION:<br />
a) Record copy. Three (3) fiscal years provided applicable audits have been released.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
JURY: REPORTS<br />
Item#-40<br />
This record series consists <strong>of</strong> supporting documents or reports relating to the Jury or Grand Jury sessions which may include<br />
listings <strong>of</strong> sworn jurors, juror excuse letters, interim reports and recorded orders.<br />
RETENTION:<br />
a) Record copy. Two (2) fiscal years after submitted.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
JUVENILE CASE FILES: DELINQUENCY / DEPENDENCY<br />
Item#-50<br />
This record series consists <strong>of</strong> juvenile <strong>court</strong> cases which do not contain an order permanently depriving a parent <strong>of</strong> the custody <strong>of</strong><br />
child, including all petitions and orders filed, pleadings, certificates, pro<strong>of</strong>s <strong>of</strong> publication, summons, warrants, other writs, social<br />
<strong>records</strong> consisting <strong>of</strong> <strong>records</strong> <strong>of</strong> investigation and treatment and other in<strong>for</strong>mation pertaining to a juvenile case as required by<br />
Florida Statutes Chapter 39 and Rule 2.075(d)(8) <strong>of</strong> the Florida Rules <strong>of</strong> Court, Judicial Administration. See also "JUVENILE<br />
CASE FILES: PARENT PERMANENTLY DENIED CUSTODY" and Section 39.045(2), 39.045(3), 39.41, 39.443(2) and 39.471(2),<br />
Florida Statutes.<br />
RETENTION:<br />
a) Non-Habitual Offenders. Until child reaches age <strong>of</strong> majority or five (5) years after last entry was made, or whichever occurs later.<br />
Media copy optional.<br />
b) Habitual Offenders. Until child reaches twenty-six (26) years <strong>of</strong> age or five (5) years after last entry was made, or whichever<br />
occurs later. Media copy optional.<br />
c) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
8<br />
12/97
DEPARTMENT OF STATE<br />
GENERAL RECORDS SCHEDULE GS11<br />
CLERK OF COURTS<br />
JUVENILE CASE FILES: PARENT PERMANENTLY DENIED CUSTODY<br />
Item#-51<br />
This record series consists <strong>of</strong> juvenile <strong>court</strong> cases which contain an order permanently depriving a parent <strong>of</strong> the custody <strong>of</strong> a child,<br />
including all petitions and orders filed, pleadings, certificates, pro<strong>of</strong>s <strong>of</strong> publication, summons, warrants, other writs, social <strong>records</strong><br />
consisting <strong>of</strong> <strong>records</strong> <strong>of</strong> investigation and treatment and other in<strong>for</strong>mation pertaining to a juvenile case as required by Florida<br />
Statutes Chapter 39.12(2) and Rule 2.075(d)(6) <strong>of</strong> the Florida Rules <strong>of</strong> Court, Judicial Administration. See also "JUVENILE CASE<br />
FILES: DELINQUENCY / DEPENDENCY."<br />
RETENTION:<br />
a) Record copy. Seventy-five (75) years after last entry, media copy optional.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
LIEN RECORDS: ENFORCEMENT (MOTOR VEHICLE SALE)<br />
Item#-46<br />
This record series consists <strong>of</strong> an en<strong>for</strong>cement <strong>of</strong> lien by sale <strong>of</strong> a motor vehicle pursuant to Section 713.585, Florida Statutes.<br />
Series includes original documents, mail returns, served and unserved, and affidavits <strong>for</strong> original certificate and <strong>for</strong> transfer. There<br />
is a copy <strong>of</strong> a statement reflecting the balance due. Note: Some counties include these in the Small Claims Case File Series<br />
(GS11- Item#73).<br />
RETENTION:<br />
a) Record copy. One (1) year after filing with the Clerk <strong>of</strong> Court.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
MARINE VIOLATION CASE FILES<br />
Item#-85<br />
This record series consists <strong>of</strong> citations issued by the Florida Marine Patrol and the Sheriff’s <strong>Office</strong> Marine Patrol <strong>for</strong> boating<br />
citations which are civil infractions. See also Rule 2.075(d)(1), Florida Rules <strong>of</strong> Court, Judicial Administration and Section 327.73,<br />
Florida Statutes.<br />
RETENTION:<br />
a) Record copy. Sixty (60) days after final disposition, provided applicable audits have been released.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
MARRIAGE RECORD/APPLICATIONS: LICENSES ISSUED<br />
Item#-41<br />
This record series consists <strong>of</strong> a record <strong>of</strong> all marriage licenses issued, with the names <strong>of</strong> the parties and the date <strong>of</strong> issuance, and<br />
upon the return <strong>of</strong> the marriage license and certificate, the name <strong>of</strong> the person solemnizing the marriage along with the date <strong>of</strong><br />
marriage and <strong>of</strong> return as required by Section 741.09, Florida Statutes. Series may include an index to the licenses issued<br />
containing the names, date <strong>of</strong> marriage and marriage record book/page number. The original license is <strong>for</strong>warded to the<br />
Department <strong>of</strong> Health and Rehabilitative Services and a copy is retained by the Clerk <strong>of</strong> Court in bound books and/or on micr<strong>of</strong>ilm.<br />
These are to be recorded pursuant to Section 382.021, 28.222(2) and 28.222(3)(h) <strong>of</strong> the Florida Statutes<br />
RETENTION:<br />
a) Record copy. Permanent, media copy optional.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
MARRIAGE RECORDS/APPLICATIONS: NO LICENSE RETURNED<br />
Item#-3<br />
This record series consists <strong>of</strong> marriage license application, an affidavit signed by both parties to the marriage, which has been<br />
subscribed be<strong>for</strong>e some person authorized by law to administer an oath, revealing the true ages <strong>of</strong> such parties, if applicants are<br />
under the age <strong>of</strong> 18 years. No license was returned and the time period pursuant to Section 741.041, Florida Statutes, has lapsed.<br />
RETENTION:<br />
a) Record copy. Three (3) fiscal years after application submitted provided applicable audits have been released.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
MARRIAGE RECORDS/CONSENT FORMS & PREGNANCY AFFIDAVITS<br />
Item#-42<br />
This record series consists <strong>of</strong> a consent <strong>for</strong>m and/or pregnancy affidavit submitted with the application <strong>for</strong> marriage licenses.<br />
RETENTION:<br />
a) Record Copy. One (1) fiscal year after applying <strong>for</strong> marriage license.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
MENTAL HEALTH PROCEEDING RECORDS<br />
Item#-54<br />
This record series consists <strong>of</strong> the mental health proceedings as stated in Rule 2.075(d)(4) <strong>of</strong> the Florida Rules <strong>of</strong> Court, Judicial<br />
Administration.<br />
RETENTION:<br />
a) Record copy. Ten (10) years after judgment becomes final, media copy optional.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
9<br />
12/97
DEPARTMENT OF STATE<br />
GENERAL RECORDS SCHEDULE GS11<br />
CLERK OF COURTS<br />
MONTHLY DISTRIBUTION OF FINES<br />
Item#-55<br />
This record series consists <strong>of</strong> monthly reports, prepared by the clerk, <strong>of</strong> all fines imposed under the penal laws <strong>of</strong> the state and the<br />
proceeds <strong>of</strong> all <strong>for</strong>feited bail bonds or recognizance which are paid into the fine and <strong>for</strong>feiture fund. The report contains the amount<br />
<strong>of</strong> fines imposed by the <strong>court</strong> and <strong>of</strong> bonds <strong>for</strong>feited and judgments rendered on said <strong>for</strong>feited bonds, and into whose hands they<br />
had been paid or placed <strong>for</strong> collection, the date <strong>of</strong> conviction in each case, the term <strong>of</strong> imprisonment, and the name <strong>of</strong> the <strong>of</strong>ficer to<br />
whom commitment was delivered, as required by Section 142.03, Florida Statutes. The record copy <strong>of</strong> this report is delivered to the<br />
Board <strong>of</strong> County Commissioners and a copy is maintained <strong>for</strong> the Court <strong>records</strong>.<br />
RETENTION:<br />
a) Record copy. Three (3) fiscal years provided applicable audits have been released.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
MURPHY ACT RECORDS<br />
Item#-56<br />
This record series consists <strong>of</strong> state-held tax certificates on which deeds were issued, correspondence and deed reports relating to<br />
the sale <strong>of</strong> property under the Murphy Act.<br />
RETENTION:<br />
a) Record copy. Permanent, media copy optional.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
OFFICIAL RECORDS<br />
Item#-57<br />
This record series consists <strong>of</strong> all instruments that the clerk is authorized or required by law to record under Section 28.222, Florida<br />
Statutes. All instruments are recorded in one series <strong>of</strong> books called "Official Records." Included in the <strong>of</strong>ficial <strong>records</strong> are deeds,<br />
leases, mortgages, notices or claims <strong>of</strong> lien, notices <strong>of</strong> levy, tax warrants, and other instruments relating to the ownership, transfer,<br />
or encumbrance <strong>of</strong> or claims against real or personal property or any interest in it; extensions, assignments, releases,<br />
cancellations, or satisfactions <strong>of</strong> mortgages and liens, judgments, certificates, declarations <strong>of</strong> condominium; orders <strong>of</strong> dismissal and<br />
final judgments <strong>of</strong> the <strong>court</strong>s in civil actions pursuant to Section 28.29, Florida Statutes; all wills and codicils admitted to probate,<br />
orders revoking probate <strong>of</strong> any wills and codicils, letters <strong>of</strong> administration, orders affecting or describing real property, final orders,<br />
orders <strong>of</strong> final discharge, and orders <strong>of</strong> guardianship filed in the clerk’s <strong>of</strong>fice pursuant to Section 28.223, Florida Statutes; and any<br />
other instrument required or authorized to be recorded.<br />
RETENTION:<br />
a) Record copy. Permanent, media copy optional.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
OFFICIAL RECORDS: GENERAL INDEX / FILING REGISTER<br />
Item#-58<br />
This record series consists <strong>of</strong> a <strong>general</strong> alphabetical index maintained by the clerk in accordance with Section 28.222(2), Florida<br />
Statutes, which is direct and inverse, <strong>of</strong> all instruments filed <strong>for</strong> record. The index <strong>general</strong>ly includes date and time <strong>of</strong> filing,<br />
instrument number, kind <strong>of</strong> instrument, names <strong>of</strong> parties to the instrument, and other identifying in<strong>for</strong>mation.<br />
RETENTION:<br />
a) Record copy. Permanent; media copy optional.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
OFFICIAL RECORDS: RECORD OF INSTRUMENTS FILED DAILY<br />
Item#-70<br />
This record series consists <strong>of</strong> a daily alphabetical or numerical computer generated printout <strong>of</strong> instruments recorded in the <strong>of</strong>ficial<br />
<strong>records</strong>. Series may include grantor and grantee names, date, time and type <strong>of</strong> instrument, <strong>of</strong>ficial <strong>records</strong> book and page and the<br />
addresses in which the original documents will be returned to. The printout is used to verify all in<strong>for</strong>mation indexed into the <strong>of</strong>ficial<br />
<strong>records</strong> and to document the date in which the documents were mailed back to customers. The printout may also be used by the<br />
<strong>general</strong> public <strong>for</strong> looking up book/page and instrument numbers <strong>of</strong> documents recorded <strong>for</strong> a given day when the computer<br />
systems are down. See also “OFFICIAL RECORDS: GENERAL INDEX / FILING REGISTER.”<br />
RETENTION:<br />
a) Record copy. Retain until obsolete, superseded or administrative value is lost.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
PASSPORT RECORDS: DAILY<br />
Item#-59<br />
This record series consists <strong>of</strong> daily reports <strong>of</strong> persons making application <strong>for</strong> passport. Included are applicant's name, amount paid,<br />
and receipt number.<br />
RETENTION:<br />
a) Record copy. Three (3) fiscal years provided applicable audits have been released.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
10<br />
12/97
DEPARTMENT OF STATE<br />
GENERAL RECORDS SCHEDULE GS11<br />
CLERK OF COURTS<br />
PLATS<br />
Item#-32<br />
This record series consists <strong>of</strong> documents pertaining to the use <strong>of</strong> lands which have been approved by a local government entity and<br />
are filed with the clerk under Chapters 177, 253, and 337, Florida Statutes. These instruments are filed in a special series <strong>of</strong><br />
books. Reference to the plats (Book & Page) are found in the “Official Records Index”. Note: Original must be maintained<br />
regardless <strong>of</strong> other media copies made available to the public in the <strong>Office</strong> <strong>of</strong> the Clerk <strong>of</strong> Court.<br />
RETENTION:<br />
a) Record copy. Permanent (no media copy option).<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
PROBATE CASE FILES<br />
Item#-61<br />
This record series consists <strong>of</strong> probate proceedings as stated in Rule 2.075(d)(4) <strong>of</strong> the Florida Rules <strong>of</strong> Court, Judicial<br />
Administration. Series may include caveats. As required by Section 28.223 <strong>of</strong> the Florida Statutes, all wills and codicils admitted to<br />
probate, orders revoking the probate <strong>of</strong> any wills and codicils, letters <strong>of</strong> administration, orders affecting or describing real property,<br />
final orders, orders <strong>of</strong> final discharge, and orders <strong>of</strong> guardianship filed in the <strong>clerks</strong> <strong>of</strong>fice” are to be recorded in the “Official<br />
Records.”<br />
RETENTION:<br />
a) Record copy. Ten (10) years after a judgment has become final, media copy optional.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
PROGRESS DOCKETS (COURT RECORDS)<br />
Item#-63<br />
This record series consists <strong>of</strong> dockets in which the clerk notes the filing <strong>of</strong> each pleading, motion or other paper and any step taken<br />
by the clerk in connection with each action, appeal or other proceeding be<strong>for</strong>e the <strong>court</strong> as required by Section 28.211, Florida<br />
Statutes. The dockets may be <strong>for</strong> civil, juvenile, probate, appeals, or criminal matters. Note: civil and criminal dockets may be filed<br />
separately. See also Rule 2.075(d)(7) <strong>of</strong> the Florida Rules <strong>of</strong> Court, Judicial Administration.<br />
RETENTION:<br />
a) Record copy. Permanent, media copy optional.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
PROGRESS DOCKETS: GENERAL INDEX TO PUBLIC/COURT RECORDS<br />
Item#-64<br />
This record series consists <strong>of</strong> alphabetical listings, direct and inverse, <strong>of</strong> all parties involved in a case which is brought be<strong>for</strong>e the<br />
<strong>court</strong>, as required by Section 28.211, Florida Statutes. See also Rule 2.075(d)(7) <strong>of</strong> the Florida Rules <strong>of</strong> Court, Judicial<br />
Administration.<br />
RETENTION:<br />
a) Record copy. Permanent, media copy optional.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
PUBLIC UTILITY RATE ADJUSTMENT ORDERS<br />
Item#-65<br />
This record series consists <strong>of</strong> a copy <strong>of</strong> rate orders issued by Florida Public Service Commission to adjust (increase or reduce)<br />
utilities rates. This order is posted with the Clerk <strong>of</strong> the Circuit Court <strong>of</strong> each county in which customers are served who are affected<br />
by the adjustment.<br />
RETENTION:<br />
a) Record copy. Retain until obsolete, superseded or administrative value is lost.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
REGISTRATIONS: BONDSMAN<br />
Item#-71<br />
This record series consists <strong>of</strong> <strong>records</strong> submitted by each registered bondsman which includes a photocopy <strong>of</strong> power <strong>of</strong> attorney<br />
certified with the Clerk's <strong>Office</strong> and a photocopy <strong>of</strong> the license. See also Section 648.42, Florida Statutes.<br />
RETENTION:<br />
a) Record copy. One (1) year after expiration <strong>of</strong> license.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
11<br />
12/97
DEPARTMENT OF STATE<br />
GENERAL RECORDS SCHEDULE GS11<br />
CLERK OF COURTS<br />
SEARCH WARRANTS SERVED: NO ARREST/NO CASE FILED<br />
Item#-27<br />
This record series consists <strong>of</strong> the original affidavit <strong>for</strong> search warrant, search warrant and return <strong>of</strong> the search warrant. Series may<br />
also include property inventory and receipt, if any property was obtained. After execution <strong>of</strong> the warrant it is filed with the Clerk <strong>of</strong><br />
Court pursuant to Section 933.14(4), Florida Statutes, as served with no arrest having been made. Since no <strong>court</strong> case is<br />
generated, these are kept as a separate record series.<br />
RETENTION:<br />
a) Record Copy. One (1) year after date <strong>of</strong> return.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
SMALL CLAIMS CASE FILES<br />
Item#-73<br />
This record series consists <strong>of</strong> those cases involving proceedings under the Rules <strong>of</strong> Small Claims (Summary) Procedure and<br />
Medical Mediation Proceedings. The files usually contain trial memoranda, statement <strong>of</strong> claims, attachment <strong>of</strong> evidence, the<br />
disposition <strong>of</strong> the case, and all other related papers filed during the progress <strong>of</strong> the case. See also Rule 2.075(d)(2) <strong>of</strong> the Florida<br />
Rules <strong>of</strong> Court, Judicial Administration.<br />
RETENTION:<br />
a) Record copy. Two (2) years after a judgment has become final.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
SUPPLEMENTAL PLEADINGS<br />
Item#-14<br />
This record series consists <strong>of</strong> pleading(s) filed in a disposed <strong>court</strong> case after it has met its retention requirements. These<br />
documents do not reopen a case or otherwise change the status <strong>of</strong> the case. This paperwork is submitted to the Clerk after the<br />
<strong>court</strong> file has been destroyed or copied to media (electronic or film media) other than paper.<br />
RETENTION:<br />
a) Record copy. One (1) calendar year after filed with the Clerk <strong>of</strong> Court.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
TAX DEED REDEMPTION RECORDS<br />
Item#-4<br />
This record series consists <strong>of</strong> the original delinquent tax <strong>records</strong> provided to the Clerk by the Tax Collector pursuant to Chapter<br />
197, Florida Statutes in which the titleholder (or other interested party) has redeemed the taxes. Included in this series are work<br />
sheets, title searches, copy <strong>of</strong> tax certificates, documentation generated via advertisement and administration <strong>of</strong> the clerk's<br />
responsibility to notify applicable persons that the application <strong>for</strong> tax deed has been made, as well as other miscellaneous <strong>records</strong>.<br />
RETENTION:<br />
a) Record copy. One (1) fiscal year after redemption provided applicable audits have been released.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
TAX DEED SALE RECORDS Item #-74<br />
This record series consists <strong>of</strong> the original delinquent tax <strong>records</strong> provided to the Clerk by the Tax Collector pursuant to Chapter<br />
197, Florida Statutes. Series may also include <strong>records</strong> <strong>of</strong> lands available <strong>for</strong> taxes, work sheets, title searches, original tax<br />
certificates, sheriff services, certificate <strong>of</strong> advertisement, certificate <strong>of</strong> mailing notices to title holders and lienholders, copies <strong>of</strong><br />
correspondence to the Board <strong>of</strong> County Commissioners regarding surplus monies and claims, surplus claim affidavits, notices and<br />
warning statements mailed to title holders and lienholder, copies <strong>of</strong> disbursement <strong>records</strong> which include: refunds to applicants,<br />
payment <strong>of</strong> surplus claims, check requisitions <strong>for</strong> surplus monies transferred to the Board <strong>of</strong> County Commissioners as well as<br />
other miscellaneous <strong>records</strong>. The file also contains a copy <strong>of</strong> the recorded tax deed. The original deed, after is has been recorded<br />
in the <strong>of</strong>ficial <strong>records</strong> <strong>of</strong> the county, has been released to the successful bidder.<br />
RETENTION:<br />
a) Record copy. Permanent, media copy optional.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
TAX ROLLS<br />
Item#-75<br />
This record series consists <strong>of</strong> the final paid tax roll submitted to the Clerk <strong>of</strong> Circuit Court by the Tax Collector as provided in the<br />
Rules <strong>of</strong> the Department <strong>of</strong> Revenue, Division <strong>of</strong> Ad Valorem Tax, Tax Collector’s Rules and Regulations, Rule 12D-13.015(2) &<br />
12D-13.015(3). Other references include: Section 193.114(6), 195.027 <strong>of</strong> the Florida Statutes.<br />
RETENTION:<br />
a) Record copy. Permanent, media copy optional.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
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DEPARTMENT OF STATE<br />
GENERAL RECORDS SCHEDULE GS11<br />
CLERK OF COURTS<br />
TEEN COURT RECORDS<br />
Item#-13<br />
This record series consists <strong>of</strong> non-judicial hearings, which include but are not limited to, Probable Cause Affidavits, Civil Citations,<br />
Teen Court Program introductory letters to parents, letters to victims (restitution), victims statement, waiver <strong>of</strong> rights, intake<br />
interview summaries, jury sentencing <strong>for</strong>ms, contract agreements, verification <strong>of</strong> restitution (receipt), letter <strong>of</strong> apology/essay, TASC<br />
(Treatment Alternative <strong>for</strong> Street Crime) Assessment (Psychosocial Evaluation), community service or jury duty time sheets,<br />
successful completion reports (disposition <strong>for</strong>ms), and Department <strong>of</strong> Juvenile Justice Recommendation to State Attorney’s <strong>Office</strong>.<br />
RETENTION:<br />
a) Record copy. Five (5) years after child reaches the age <strong>of</strong> majority or final disposition, whichever occurs later.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
TOURIST DEVELOPMENT TAX RECORDS<br />
Item#-86<br />
This record series consists <strong>of</strong> any documents relating to the collection <strong>of</strong> the levy that is imposed by counties on persons who rent,<br />
lease or let <strong>for</strong> consideration any living quarters or accommodations in any motel, apartment motel, apartment hotel, resort motel,<br />
apartment, rooming house, mobile home park, recreational vehicle park or condominium <strong>for</strong> a term <strong>of</strong> six (6) months or less. See<br />
also Section 125.0104 and 95.091 <strong>of</strong> the Florida Statutes and Rule 12A-1.093, Florida Administrative Code.<br />
RETENTION:<br />
a) Record copy. Seven (7) fiscal years provided applicable audits have been released.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
TRANSMITTAL RECORDS<br />
Item#-20<br />
This record series includes but is not limited to traffic citation transmittals, marine patrol transmittals and any other transmittal<br />
<strong>records</strong> submitted by law en<strong>for</strong>cement or any other governmental agency to the Clerk <strong>of</strong> Court.<br />
RETENTION:<br />
a) Record copy. Sixty (60) days provided applicable audits have been released.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
TRAFFIC INFRACTIONS<br />
Item#-76<br />
This record series consists <strong>of</strong> traffic violation <strong>records</strong> or infractions (<strong>of</strong> a non-criminal nature which are not punishable by<br />
incarceration and <strong>for</strong> which there is no right to a trial by jury or a right to a <strong>court</strong> appointed counsel) and parking tickets. For<br />
outstanding or unsatisfied D-6, see Rule 6.575, Florida Rules <strong>of</strong> Court. See also Rule 2.075(d)(1) <strong>of</strong> the Florida Rules <strong>of</strong> Court,<br />
Judicial Administration and “CRIMINAL CASE FILES: MISDEMEANOR/TRAFFIC.”<br />
RETENTION:<br />
a) Record copy. Sixty (60) days after final disposition, provided applicable audits have been released.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
UNSATISFIED EXECUTIONS<br />
Item#-18<br />
This record series consists <strong>of</strong> unsatisfied executions that are returned by the Sheriff’s <strong>Office</strong> to the Clerk <strong>of</strong> Court 20 years after<br />
issuance, pursuant to Section 56.041, Florida Statutes. Series may include receipts <strong>of</strong> returned executions.<br />
RETENTION:<br />
a) Record copy. One (1) year after receipt <strong>of</strong> return.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
VALUE ADJUSTMENT BOARD FILES (Formally Known As<br />
“Property Appraisal Adjustment Board”)<br />
Item#-16<br />
This record series consists <strong>of</strong> files created by the Clerk pursuant to Chapters 194 and 196, Florida Statutes. See also, Florida<br />
Administrative Regulation Section 12D-10.003(4)(a). This series may include the petition, hearing tapes and/or notes,<br />
recommendation <strong>of</strong> the Special Master, record <strong>of</strong> decision, notice <strong>of</strong> adjustment or disapproval, and supporting documents. FOR<br />
MINUTES OF THE VALUE ADJUSTMENT BOARD MEETINGS, SEE GS1, STATE AND LOCAL GOVERNMENT RECORDS,<br />
ITEM# 32, “MINUTES.”<br />
RETENTION:<br />
a) Record copy: No Appeal Filed. Four (4) years after final decision provided no appeal is filed in circuit <strong>court</strong>.<br />
b) Record copy: Appeal Filed. Five (5) years from final action if an appeal is filed in circuit <strong>court</strong>.<br />
c) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
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DEPARTMENT OF STATE<br />
GENERAL RECORDS SCHEDULE GS11<br />
CLERK OF COURTS<br />
WILLS: SAFEKEEPING<br />
Item#-72<br />
This record series consists <strong>of</strong> original wills filed pursuant to Section 732.901, Florida Statutes. The original will is removed from the<br />
safekeeping file and filed with all other pleadings if a probate case is actually filed.<br />
RETENTION:<br />
a) Record copy. Twenty (20) calendar years after submitted, media copy optional.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
WIRE TAP: AUDIO RECORDINGS<br />
Item#-87<br />
This record series consists <strong>of</strong> a recording <strong>of</strong> the contents <strong>of</strong> any wire, oral or electronic communication pursuant to Section<br />
934.09(7), Florida Statutes. These <strong>records</strong> are sealed under the direction <strong>of</strong> the judge and are submitted to the Court by law<br />
en<strong>for</strong>cement agencies. They shall not be destroyed except upon an order <strong>of</strong> the issuing or denying judge, or that judge’s successor<br />
in <strong>of</strong>fice, and in any event shall be kept <strong>for</strong> ten (10) years.<br />
RETENTION:<br />
a) Record copy. Ten (10) years (upon permission <strong>of</strong> the Court).<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
WITNESS SUBPOENAS/LISTS<br />
Item#-79<br />
This record series consists <strong>of</strong> subpoena lists that may be used to establish witness payrolls <strong>of</strong> repayment, reimbursement and may<br />
include praecipes.<br />
RETENTION:<br />
a) Record copy. Three (3) fiscal years after appearance date provided applicable audits have been released.<br />
b) Duplicates. Retain until obsolete, superseded or administrative value is lost.<br />
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