The orders listed below have been issued pursuant to Rule 2.420 of the Florida Rules of Judicial Administration, and relate to the confidential treatment of documents in the dockets indicated.

It will be necessary to know the address of the home office for the insurance company, when filing a claim against them. All claims filed against an insurance company are served through the Insurance Commissioner for the State of Florida.

An example of how the defendant should be listed on both your Statement of Claim form and the summons form would be as follows: ABC Insurance Company, 333 Main Street, Any town, AZ 12345, by serving Insurance Commissioner, State of Florida.

All documents that will be used to substantiate your claim should be filed with your claim. The Clerk's Office requires one copy and the Insurance Commissioner requires three copies, making a total of four copies. If the Clerk's Office is asked to make any copies, the charge is $1.00 per page.

The fee for service by the Insurance Commissioner is $15.00 (cashier's check or money order only). Make the check payable to Insurance Commissioner, State of Florida. In addition to the service fee, the Clerk assesses a fee of $1.00 to cover postage. This should be a separate check made payable to Charlotte County Clerk of Court.

Please note: This information is intended to assist you if the trial court Judge awarded you money or property in the final judgment. Procedures are subject to change with Florida Statute changes. YOU will need to collect the judgment. The responsibility for collecting this judgment rests entirely on you. The following outlines a method of collecting a judgment; however, we suggest you consult with a licensed Florida attorney.

Once you have been awarded a final judgment in a Small Claims case you may begin your steps of collection, however, the judgment will not be available until signed by the Judge. If you would like to check with the Clerk's office prior to coming in, please call (941) 637-2279. If you would like to purchase and record a certified copy of the judgment by mail, you may send your request with your case number and check to:

Justice Center
Small Claims Division
350 E. Marion Avenue
Punta Gorda, FL 33950

The cost is $1.00 per page, $2.00 for the certification.
The recording cost is $10.00 for the first page and $8.50 for each additional page.

Secure a certified copy of the judgment from the Clerk of Court. Take the certified copy to either location below and have it recorded.

Fees for these services are set by statute. This will give you a lien against any real property in Charlotte County owned now or in the future by the defendant. (To foreclose on the lien you will have to consult an attorney).

Ten days after the date of the recording of the original judgment, you may present a Writ of Execution to the Clerk of Court for Issuance. Procedures for filing the Writ of Execution should be followed pursuant to Florida Statute 55.201 & 55.209. You may visit the Secretary of State's website.

Certain property may not be taken to satisfy a judgment because it is considered exempt. Exempt property includes: a home where the defendant who is the head of a family residing in Florida or his family lives on 1/2 acre of land in a city or on up to 160 acres of contiguous land outside a city, personal property belonging to the head of a family residing in Florida of up to $1,000.00 in value (Art X, Section 4, Fla. Constitution). There are also restrictions on garnishing a defendant's wages from his place of employment. Generally, under Florida law, the wages of the person who is the head of a family cannot be garnished. (Fla. Statute Sections 222.11-12). Even when a person's wages are subject to garnishment, you as a creditor have to follow the limitations on garnishment set forth in the Federal Consumer Credit Protection Act, 15 U.S.C. Sections 1671-1691 (this act includes the limitation that no more than approximately 1/4 of a person's wages may be garnished from a paycheck).

There are exceptions to some of these general rules and other types of property are exempt. Once you as the prevailing party collect the judgment you MUST record the Satisfaction of Judgment to:

Guidelines for Residential Eviction - Non-payment of rent, possession only.

• Prepare and serve the Notice - All evictions start with a notice. A Three Day Notice gives the tenant three business days, from the day after the notice is given, to make payment or deliver possession of the premises to the landlord. Service may be accomplished by sheriff, mail, hand delivery or posting.
• File the Complaint - After three days have expired, the landlord may file the Complaint for Eviction with the Clerk of the Circuit Court and County Comptrollers office. A copy of the Three Day Notice and lease (if applicable) must be attached. The complaint must be signed by the landlord or property manager. Two identical, additional set of copies of the Three Day Notice, lease, and Complaint for Eviction must be provided to the Clerk for each tenant.
• Issuance of Summons - After the complaint is filed (including payment of $185 filing fee), a clerk will issue the Eviction Summons for a fee of $10 per tenant. The Eviction Summons gives the tenant five business days from the day after the summons was served to respond. The landlord must provide three summons for each tenant named in the complaint. The summons must be served by the Sheriff ($40 Sheriff's fee per tenant, payable by cash or check) or a private process server (fees vary; please consult them directly).
• Certificate of Mailing - The Sheriff or process server is required to make two attempts, six hours apart, to serve the summons. If the tenant is not able to be personally served, the summons can be served by posting to a conspicuous part of the building. If this occurs, the landlord must request the Clerk to mail a summons and a copy of the complaint to each tenant. Individual envelopes with postage should be provided to the Clerk at time of filing the complaint along with enough copies of the complaint and summons for each tenant being served.
• Default - After five days have passed and no answer has been filed, the landlord may file the appropriate Motion for Default. The landlord must come into the Clerk's office to complete Default and Final Judgment for Possession documents. After completion, the Clerk will forward these documents to the Judge for action.
• Writ of Possession - After the Judge has signed the Final Judgment for Possession, the landlord or representative must come into the Clerk's office with a prepared Writ of Possession to be issued by the Clerk. The landlord or representative must deliver to the Sheriff's office, with a $90 fee payable to the Sheriff. The Sheriff will post the Writ of Possession on the subject property; after 24 hours have passed, the Sheriff will return to the property to evict the tenant.

Guidelines for Residential Eviction - Non-payment of rent (Possession and Damages).

• Prepare and serve the Notice - All evictions start with a notice. A Three Day Notice gives the tenant three business days, from the day after the notice is given, to make payment or deliver possession of the premises to the landlord. Service may be accomplished by sheriff, mail, hand delivery or posting.
• File the Complaint - After three days have expired, the landlord may file the Complaint for Eviction with the Clerk of the Circuit Court and County Comptrollers office. A copy of the Three Day Notice and lease (if applicable) must be attached. The complaint must be signed by the landlord or property manager. Two identical, additional set of copies of the Three Day Notice, lease, and Complaint for Eviction must be provided to the Clerk for each tenant.
• Issuance of Summons - After the complaint is filed (including payment of $185 filing fee), a five and twenty day summons should be issued. The five day (possession) gives the tenant five business days from the date the summons was served to respond. The twenty day (damages) summons gives the tenant twenty calendar days from the date the summons was served to respond.
• Default as to Count I Possession - After five days have passed and no answer has been filed, the landlord may file the appropriate Motion for Default as to Count I Possession. The landlord must come into the Clerk's office to complete Default and Final Judgment for Possession documents. After completion, the Clerk will forward these documents to the Judge for action.
• Writ of Possession - After the Judge has signed the Final Judgment for Possession, the landlord or representative must come into the Clerk's office with a prepared Writ of Possession to be issued by the Clerk. The landlord or representative will then deliver the Writ of Possession to the Sheriff's office, with a $90.00 fee payable to the Sheriff. The Sheriff will post the Writ of Possession on the subject property; after 24 hours have passed, the Sheriff will return to the property to evict the tenant.
• Default as to Count II Damages - After twenty calendar days have passed and no answer has been filed, the landlord may file a Motion for Default as to Count II Damages. The landlord must come into the Clerk's office to complete the appropriate Default and Judgment. After completion, the Clerk will forward these documents to the Judge for action.
• Recording the Final Judgment in Official Records - To protect your entitlement to collect on the money judgment issued by the Court, you may create a lien by recording a certified copy of the judgment. Costs vary depending on the number of pages in the judgment: A one page document can be certified and recorded for $13.00 (Certification/purchase : $3.00 plus recording fee: $10.00), where as a multi page document will have a per page cost ($2.00 to certify, $1.00 per page to purchase, $10.00 recording fee for the first page and $8.50 per page thereafter). Recording the judgment constitutes a lien.

Guidelines for Residential Eviction - Non compliance of lease.

• Prepare and serve the Notice - All evictions start with a notice. A Seven Day Notice gives the tenant seven business days, from the day after the notice is given, to make payment or deliver possession of the premises to the landlord. Service may be accomplished by sheriff, mail, hand delivery or posting.
• File the Complaint - After seven days, the landlord may file the Complaint for Eviction with the Clerk of the Circuit Court and County Comptrollers office. A copy of the Seven Day Notice and lease (if applicable) must be attached. The complaint must be signed by the landlord or property manager. Two additional, identical copies of the Seven Day Notice, lease, and Complaint for Eviction set must be provided for each tenant.
• Issuance of Summons - After the complaint is filed (including payment of $185 filing fee), a clerk will issue the Eviction Summons for a fee of $10 per tenant. The Eviction Summons gives the tenant five business days from the day after the summons was served to respond. The landlord must provide three summons for each tenant named in the complaint. The summons must be served by the Sheriff ($40 Sheriff's fee per tenant, payable by cash or check) or a private process server (fees vary; please consult them directly).
• Certificate of Mailing - The Sheriff or process server is required to make two attempts, six hours apart, to serve the summons. If the tenant is not able to be personally served, the summons can be served by posting to a conspicuous part of the building. If this occurs, the landlord must request the Clerk to mail a summons and copy of the complaint to each tenant. Individual envelopes with postage should be provided to the Clerk at time of filing the complaint along with enough copies of the complaint and summons for each tenant being served.
• Default - After five days have passed and no answer has been filed, the landlord may file the appropriate Motion for Default. The landlord must come into the Clerk's office to complete Default and Final Judgment for Possession documents. After completion, the Clerk will forward these documents to the Judge for action.
• Writ of Possession - After the Judge has signed the Final Judgment for Possession, the landlord or representative must come into the Clerk's office to request a Writ of Possession. The landlord or representative must deliver the Writ of Possession to the Sheriff's office, with a $90 fee payable to the Sheriff. The Sheriff will post the Writ of Possession on the subject property; after 24 hours have passed, the Sheriff will return to the property to evict the tenant.

Charlotte County Clerk of the Circuit Court and County Comptroller now offers Family Law Self-Help. The Family Law Self-Help is for Self-represented individuals and covers the basic procedural requirements for filing a case.

TurboCourt

Self Help and Forms Online

Additional Forms

Applicants ages 16-17 with a valid Driver’s License can apply for a passport themselves. However, it is recommended that at least one parent appear in person with the child to identify him/her and to show parental awareness.

Examples of Parental Awareness

• Having a parent accompany the child when applying.
• A signed statement consenting to issuance of a passport at least one parent (should be accompanied by a photocopy of that parent’s ID).
• A check from parent, or parent listed as an emergency contact.

To Apply

• Evidence of U.S. Citizenship- certified U.S. birth certificate naturalization certificate, or previously issued passport. (these documents will accompany your passport and will be returned separately to you by mail).
• Photo Identification-Valid Driver’s License or current undamaged passport. Copies of both the front and back of the parent’s ID must be submitted with the application. (Photocopy services available for $.15 per copy)
• Passport Photo-Must be color 2 inch x 2 inch passport photo (Photo services available at the Punta Gorda facility for $16.05)
• Applicant Forms- DS 11 application must be completed.
• Passport Fees-Separate checks or money order are required for each applicant for U.S. Department of State fee.

You must apply and complete the Passport Application Form DS-11 in person if:

• You are applying for your first U.S. Passport
• Your previous U.S. Passport was lost, stolen or damaged. Form DS-64 must also be submitted with application.
• Your previous U.S. passport was issued more that 15 years ago; or your previous U.S. passport was issued when you were under the age of 16.

To Apply

• Evidence of U.S. Citizenship- certified U.S. birth certificate naturalization certificate, or previously issued passport. (these documents will accompany your passport and will be returned separately to you by mail).
• Photo Identification-Valid Driver’s License or current undamaged passport. Copies of both the front and back of the ID must be submitted with the application. (Photocopy services available for $.15 per copy)
• Passport Photo-Must be color 2 inch x 2 inch passport photo (Photo services available at the Punta Gorda facility for $16.05)
• Applicant Forms- DS 11 application must be completed.
• Passport Fees-Separate checks or money order are required for each applicant for U.S. Department of State fee.

You can renew by mail using the DS-82 form if the following statements are true:

• Passport will be submitted with application
• You were at least 16 years old when your most recent U.S. passport was issued.
• Your most recent U.S. passport was issued less than 15 years ago.
• Your most recent U.S. passport has not been mutilated, damaged, lost, stolen or subsequently lost.
• Your most recent U.S. passport has not been limited from the normal ten-year validity period.
• Your name is the same as your most recent U.S. passport or you have proper certified documentation of name change by court order or marriage license.

If any of the above statements do not apply to you then you must apply in person using the DS-11 form.

To Renew by Mail:

• Complete the DS-82 form
• Submit your most recent U.S. passport.
• Submit a Passport Photo-must be a color 2 inch x 2 inch (Photo services available at the Punta Gorda facility for $16.05)
• Submit any name change documentation.
• Check or Money order to U.S. Department of State for $130.00
• Mail Application to the address listed on page 2 of the DS-82 form, it is recommended that you mail using a trackable mailing services.

To Apply

• Evidence of U.S. Citizenship- certified U.S. birth certificate naturalization certificate, or previously issue passport. (these documents will accompany your passport and will be returned separately to you by mail).
• Evidence of Parental Relationship-certified birth certificate of minor (must list parent’s name)
• Photo Identification-Valid Driver’s License or current undamaged passport. Copies of both the front and back of the parent’s ID must be submitted with the application. (Photocopy services available for $.15 per copy)
• Parental Consent-Both parents/guardians must appear with minor child or submit the Form DS-3053 Statement of Consent from the non-applying parent.
• Passport Photo-Must be color 2 inch x 2 inch passport photo (Photo services available at the Punta Gorda facility for $16.05)
• Applicant Forms- DS 11 application must be completed.
• Passport Fees-Separate checks or money order are required for each applicant for U.S. Department of State fee.

Charlotte County offers e-Recording as a cost effective, efficient, and secure method for recording your documents via the internet. With e-Recording, you scan your document and use a vendor application to upload the document and associated data. No special equipment is required; just a computer with high speed internet access and a scanner. Original documents never leave your possession. Funds are transferred using Automated Clearing House (ACH) for transfer taxes, recording fees, and a nominal fee that is paid to the vendor for this process.

The e-Recorded documents can be tracked through the entire recording process and the potential for lost documents is eliminated. Documents are typically recorded the same day if submitted during regular business hours. Once the document is recorded you can immediately retrieve an image that includes our stamp.

The Charlotte County Clerk of Court’s Official Records Department is pleased to offer e-Recording through the following vendors, listed below in alphabetical order. Please note that the Charlotte County Clerk of Court’s Official Records Department is precluded from recommending vendors. For your convenience, we have also included a hyperlink to the vendors so that you may easily have access to their sites to determine which vendor best suits your personal and/or professional needs:

•    Corporation Service Company (CSC) - 1-866-652-0111
•    E-Docs Solutions - 1-888-973-3627
•    Erecording Partners Network (EPN) - 1-888-325-3365
•    QuickDeeds - 1-321-430-2565
•    RecordNation - 1-407-765-2159 (Notice of Commencement & Terminations)
•    Simplifile - 1-800-460-5657

What is Property Fraud?

According to the FBI, property and mortgage fraud is one of the fastest growing white-collar crime in the United States. Florida ranks #3 in the nation for this type of fraud. Scammers file fake deeds, making it appear as if they own homes that are not actually theirs. These scammers then trick people into giving them money to rent or buy those homes.

As your Clerk & Comptroller I urge you to monitor public records filed using your name. By signing up for FREE property fraud alerts , you will receive notification by email whenever a document is recorded in Charlotte County using your name or business name.

Property Fraud Alert is a free service to help you protect your property from fraud by monitoring the documents being recorded in the Official Records of the Clerk & Comptroller's office.

Protect Yourself with Property Fraud Alert - for FREE!

Register to receive free alerts when a document such as a deed or mortgage is recorded with our office using your name or your business’s name. Choose to get alerts by email. If you receive an alert about activity not initiated by you, this early notification can provide valuable time to stop criminals in their tracks.

How to Sign Up

Signing up is quick and easy! Simply follow these steps:

• Go to the following website.
• https://recording.charlotteclerk.com/fraud/fraudalert
• Enter the name you would like to monitor
• Enter the either email address you would like the alerts sent to
• Choose whether you would like to monitor a person’s name or a business name
• Check your email for the “Confirmation Email”. Once received, be sure to complete the process by selecting the "click here" link.
• If you don’t see the “Confirmation Email” within a few minutes, please check your junk or spam folders for an email with the subject "Charlotte Clerk Fraud Alert"
• For assistance please (See Contact Information).

You may repeat the process to monitor additional names.

• If you entered an email address, you will receive a confirmation message.

If You Receive an Alert

• If a document is recorded that matches your monitoring criteria, you will receive an alert within 24 hours.
• The alert will provide you with a document number, which is the Clerk's File Number or Instrument Number.
• Search the online Official Records at https://recording.charlotteclerk.com to view the actual document. To search using the Clerk's File Number, choose the Instrument Number icon and enter the Instrument number from your Property Fraud Alert notification.
• For assistance please (See Contact Information).
• If you suspect you are a victim of fraud, contact law enforcement.

The purpose of the index is to ensure that the documents recorded within Official Records can be retrieved. The index needs to be thought of as a living document, items are added daily, items are changed daily, and corrections are made when discovered. Listed below are examples of how Charlotte County Official Records indexes names and legal descriptions.

Indexing Names:

• For indexing instruments recorded in the Official Records which contain more than four names, $1.00 per additional name will be charged. F.S. 28.24(12)(c). This includes but not limited to names within the body of an affidavit, or appointment of power of attorney.
• Charlotte County places a comma between the LAST NAME, (space) FIRST NAME
• We make every effort to “index as seen”, reducing abbreviations as much as possible, unless abbreviated on the document.
• We will index the names pertaining to the document, including but not limited to, Attorney in Fact, Trustees, and Successor Trustees.
• Names not indexed are individual names of Presidents, Vice Presidents, Secretary, Treasurer, Agents, Partner, Sole Member, etc.
• Businesses and/or Company names will be indexed if they are a Partner, General Partner, Member or Managing Members.
• The capacity titles will not be indexed at the end of the name with the exception of PA.
• If the signature name is different from the printed/typed name in the document, we would index all variations; there will be an additional charge if over four names.
• Both grantor and grantee must be indexed per FS 28.222 (2), even if some of the names are duplicated.
• Charlotte County will remove “The” from the beginning of an organizations name. If “the” is listed within the name then we will index.
• If symbols are included in the names on the document, Charlotte County is indexing without the symbol, remove it and leave one space. Exceptions would include an apostrophe, we will remove and do not insert a space, names like .com, we will leave as seen, and also names with "@", and "&" we will leave as seen.
• IRAs will be indexed as a business and as an individual; there will be an additional charge if over four names.
• AKA and FKA names differences will be indexed; however, the AKA or FKA will not be listed after the name.

Indexing Legal Descriptions:

• Legal Descriptions cannot be relied on for accuracy or completeness. Customers should search for Official Records based on the name within each document.
• Charlotte County indexes 5 legal descriptions, followed by “see instrument” showing that additional legal descriptions could be found within the body of the document.
• If symbols are included in the legal description then we will index as seen.
  • Dollar, indexed as $
  • Number, indexed as #
  • Period, indexed as .
  • Hyphen/Dash, indexed as -
  • Slash, indexed as /
• Charlotte County legal description abbreviations.
  • Addition, indexed as ADDN.
  • First Replat, indexed as 1st REPLAT, variations could include 2nd, 3rd and 4th.
  • Subdivision, indexed as SUB.
  • Condominium, indexed as CND.
  • Port Charlotte, indexed as PC.
  • Punta Gorda, indexed as PG.
  • Punta Gorda Isles, indexed as PGI.
  • Account number, indexed as ACCT #
  • Lot, indexed as L.
  • Section, indexed as S.

For assistance please (See Contact Information).

Proper preparations of documents lie with the customer. Re-recording and corrective deeds can be costly. THEREFORE, PLEASE CHECK THE FOLLOWING:

• Consideration or sale price must be noted.
• Clear, black print or typing for best reproduction by microfilm or photographing.
• Date the body of the instrument.
• Grantee's mailing address, if transfer of interest is real estate. (Example: Deeds, Agreements and Contract for Deeds).
• Affix the name and address of person to whom instrument is to be returned on the front of the instrument, first page.
• On all instruments by which the title to real estate or any interest therein or lien thereon is conveyed, created, encumbered, assigned or otherwise disposed of, the name and address of the person who prepared the instrument in a legible manner. (Instruments executed or acknowledged outside of the State, or before January 1, 1968 are exempt.)
• Description of real or personal property, including parcel identification number.
• Signatures should agree with names in the body of the instrument and should be legible and correctly spelled, printed names should be placed directly below each signature.
• Signatures to be attested by two witnesses (transfer of any property), these two witnesses must also print their name and supply their post office address.
• Acknowledgment of person(s) executing the instrument.
• Notary public seal expiration date and commission number.
• Corporate seal, if applicable.
• To ensure fast and efficient handling of all mail transactions envelopes should be addressed to the attention of the RECORDING DEPARTMENT.
• Be sure to include a self addressed stamped envelope.

Reminder - that it is extremely important that the images we create and place in the Official Records are legible and of the highest quality. The quality of our images depends upon the quality of the documents that you present to us for recording.

Please ensure that the print and writing is legible and dark. It is very important that you Do Not Highlight text on the documents, as color shows up as black on the scanned image.

Intangible Tax, Class "C" Real Estate Mortgages

Intangible tax on notes, bonds or other obligations for payment of money secured by mortgage, deed of trust of other written specific lien in the nature of a mortgage upon real property shall be paid, at the time of recording, to the Clerk of the Circuit Court F.S. 199.052(7)(a).

• Rate of 2 mills (.002) per dollar on the amount of the mortgage, or the amount financed (i.e. $2.00 on mortgage of $1,000.00).
• Amount is computed to the nearest cent (i.e. $1.51 tax on $752.63).
• Intangible tax must be paid within 30 days from date of acknowledgment; otherwise, penalty and interest becomes due F.S. 199.

State Document Tax Stamps

Documentary Stamp Tax Rate (F.S. 201.02)

• 70 cents per $100.00 consideration applies to the full consideration. This includes existing mortgages. A minimum tax of 70 cents is required on all deeds.

State Stamps on Mortgage, Financing Statements, Security Agreements, Promissory Notes, Written Obligations to pay money (F.S. 201.08).

• Rate of Tax - 35 cents per $100.00 or fraction thereof, on the TOTAL amount of the note or obligation. However, on installment notes tax should be computed on the amount financed.
• On Agreement and Contract for Deeds, Conditional Bills of Sale, Retain Title Contracts, etc, compute the stamps at 35 cents per $100.00 or fraction thereof on the consideration. However, no stamps are required on an Agreement for Deed if it has provision that the seller will look only to the land itself for payment on the balance of the purchase price.
• Stamps must be affixed to all instruments except Financing Statements.