Frequently Asked Questions

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

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

Specific attention to the Statewide Standards will prove especially useful for minimizing E-Filing effort in your office. 

Additional Information

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

There are frequently asked questions on the Florida Courts E-Filing Authority web page. You can also access step-by-step training videos at the Florida Court Clerks and Comptrollers’ YouTube channel.

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

Resources

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

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

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

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

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

Note

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Resources

Some resources for guardians are available:

• Florida’s 10th Judicial Circuit

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

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

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

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

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

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

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

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

Check the premarital course providers directory.

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

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

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

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

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

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

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

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

Yes. Deputy Clerks are authorized and available during normal working hours to perform marriage ceremonies. The fee for this service is determined by Florida Statute and is available on the Fees page. Appointments are not available for courthouse weddings.

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

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

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

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

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

Once the applicants submit the marriage license application, a confirmation number will be provided.  Both applicants will need to appear in person within 90 days to complete the process.  Bring the valid ID entered in the application and the confirmation number to any of our three locations.  Before arriving, both applicants must read the Marriage Handbook located on the Clerk’s website. Important! The three-day waiting period does not begin until you visit the Clerk's office to complete the process.

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

Appointments are not available for marriage license services in Polk County. This applies to all three office locations in Bartow, Lakeland, and Lake Alfred.

Appointments are not available for marriage or courthouse wedding services in Polk County. This applies to all three office locations in Bartow, Lakeland, and Lake Alfred.

A misdemeanor is any offense that is punishable under Florida laws, or that would be punishable if committed in Florida, by imprisonment in the local county jail. Misdemeanor charges include, but are not limited to:

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

Criminal Traffic

Criminal Traffic charges include, but are not limited to:

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

Clerk Option - Fee in Lieu of Court

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

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

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

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

Select the Clerk Option in 3 Easy Steps:

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

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

No case will be continued without judge approval unless you are scheduled for arraignment. Requests to continue any court proceedings must be done by filing a motion. You can file the motion yourself, or if you have an attorney, he/she will file the motion for you. Arraignments can be continued only one time without judge approval and must be done two days prior to your court date.

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

Failure to appear could result in a misdemeanor judge issuing a capias for your arrest. You may forfeit the bond you posted, thus losing your money or collateral. Should you be arrested for failure to appear, you may be held in jail with or without a bond.

You may call the County Court Criminal Department for general information regarding court dates, judge/attorney assigned to a case, and responses to motions.

Most files are public record and can be viewed online.

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

Clerk of Court.

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

At your arraignment, you will have an opportunity to complete an Affidavit of Indigent Status form, and request the appointment of a public defender.

No. Below are ways a party can file a document.

1. Online: 
   You can electronically file your document through the Florida Courts E-Filing Portal.

2. In Person
   You can visit any of our three offices in Bartow, Lakeland, or the Northeast Government Center in Lake Alfred.

3. Mail
   You can mail your document to:
   Polk County Clerk & Comptroller
   P.O. Box 9000, Drawer CC-10
   Bartow, FL 33831-9000

No.

At the conclusion of your case, the Clerk will withhold from the return of a cash bond, posted on behalf of a criminal defendant by a person other than a bail bond agent, sufficient funds to pay any unpaid court fees, court costs, and criminal penalties. If the amount posted is greater than the fees, costs, and penalties due, the balance will be applied to any case that remains with payment due. Otherwise, the balance will be refunded to the depositor by mail, generally within 14 days of the close of each case.

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

A small claims case is a legal action filed in county court to settle minor legal disputes among parties where the dollar amount involved is $8,000 or less, excluding costs, interest, and attorney fees.

No, it is not necessary to have a lawyer. Small claims court is considered a "peoples court" and a lawyer is not required. Clerk’s office personnel will provide you with the necessary forms for filing a small claims case.

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

• Filing fees for small claims actions are determined by Florida Statutes and are subject to change by legislative action. Fees also vary in accordance with the dollar amount of your claim and the type of action.
• Other fees are required for service on the parties you are suing and are dependent on the type of service you select.
• A current schedule of service fees is available on our Fees page.

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

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

• After you file your small claims case, each person or business you are suing must be served with a summons or notice to appear in court on the date and time scheduled when you filed your claim. This court date will be a pretrial conference and you should be prepared to present your case in court.
• At the pretrial conference, mediation is ordered if both parties to the dispute are present and unable to settle their dispute. A mediator acts to encourage and facilitate the resolution of a dispute between two or more parties. It is an informal and non-adversarial process with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decision-making authority rests with the parties.
• If the dispute cannot be settled at the pretrial conference, a trial date will be scheduled by the court for your case to be heard. You must appear at the trial with all witnesses and documentation of your claim.
• At the trial, you will have an opportunity to explain your case to the judge, ask the person(s) you are suing any questions concerning your claim, present your documentation as discussed at the pretrial conference, and call on your witnesses to help explain your case.

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

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

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

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

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

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

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

A will is a document executed by a person that disposes of his/her property after his/her death. It generally names a personal representative to administer the estate. After the death of the person, the custodian of the will must deposit the will with the Clerk of the Circuit Court, within 10 days after receiving information that the person is deceased. The custodian should supply the person’s date of death or the person’s social security number to the Clerk upon deposit of the will if this information is available.

Original wills should be brought to our office in the Polk County Courthouse in Bartow. This service is not offered at our Lakeland or Northeast - Lake Alfred offices.

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

There are three basic types of proceedings for administering the decedent’s estate:

Formal Administration

This type of proceeding is used when it is necessary to appoint a personal representative to act on behalf of the estate because there are considerable assets, debts, or other special circumstances. The capacity in which the representative will act is determined by the court at the time of the appointment and letters of administration will be issued to the representative so that he/she may complete the administration of the estate.

Summary Administration

Summary administration may be filed when the value of the entire estate, excluding exemptions, does not exceed $75,000.

Disposition of Personal Property Without Administration

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

The property will be distributed in accordance with Florida law.

It will be necessary for an attorney to petition the court to appoint a personal representative to administer the estate.

Probate proceedings are initiated with the filing of a petition by an interested person asking to be appointed personal representative and/or distribute property depending on the size and complexity of the property. The petition is normally prepared by an attorney. The appointed person will be responsible for the estate until all bills are paid and the balance of the estate is distributed to the rightful beneficiaries.

The following must be provided:

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

The court will enter an order either allowing or disallowing the release of the assets. A certified copy of the order is then mailed to the petitioner.

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

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

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

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

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

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

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

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

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

You must notify the Clerk’s office, in person or in writing, within the required time frame. Your case will be scheduled for an infraction arraignment hearing where you will be formally advised of the charge against you. You may at that time change your plea and disposition will take place. If you still want to contest the charge, the case will be continued over to a non-jury trial for a later date.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

There are two benefits:

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

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

Visit the Florida Department of Highway Safety and Motor Vehicles website for a list of approved driving schools. Traffic school enrollment fees apply in addition to any fees listed for your citation. Traffic school and applicable fees must be completed 90 days from the selection of traffic school.

You are not required to submit a copy of your proof of completion to the Clerk's office. Florida law (F.S. 318.1451) requires traffic schools to electronically file your certificate with our office within 5 days of your course completion. It is your responsibility to verify that the school filed your certificate of completion by using our online court records portal. If you don't see that your course completion certificate has been filed, then please contact your traffic school provider. For a list of traffic school providers, please visit the Florida Department of Highway Safety and Motor Vehicles website.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The confidential information will be immediately available for public viewing.

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

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

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

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

Quick Workaround: Click the back button until it returns you to the site. You may have to click it several times.

The system intermittently glitches. We’re aware of this issue. We have reported the issue to our vendor, Catalis, and they are working on a permanent fix.

Follow these steps to see if you are registered for Property Alert. If you are registered, these steps will also guide you to see what you registered. 

1. Log in to Property Alert.
2. If you don't remember the email address you used to register, follow the steps to reset your password. 
3. If you don't receive a password reset email, you do not have an account and need to create one. 
4. Follow our instructions on how to register below.

Follow these steps to see what property(s) and name(s) you have registered in Property Alert.
You can also view our guide with example images for more detailed help.

1. Once you are logged in, select the Property link. 
   1. If you have properties registered to your account, they will show at the bottom of the screen. 
   2. If no properties are listed, you have not added a property yet.
      1. Add your parcel ID number in the field. You can find your parcel ID on the Property Appraiser's website. 
      2. You can add more than one parcel by selecting the Add button at the bottom of the page.
      3. Once you have added all parcels, click Save at the bottom of the page.
      4. You will receive a notice in green text at the top of the page, above the instruction paragraph, that indicates your changes were saved.
2. Next, click the Party Names link at the top of the screen.
   1. If you have names registered to your account, they will show at the bottom of the screen. 
   2. If no names are listed, you have not yet registered a name.
      1. Add your names in the white box. 
      2. You can add more than one by selecting the Add Party button at the bottom of the page.
      3. Once you have added all names, click Save at the bottom of the page.
      4. You will receive a notice in green text at the top of the page, above the instruction paragraph, that indicates your changes were saved.

Follow the instructions below. You can also view our guide with example images for more detailed help.

1. Visit the Property Alert page.
2. Select the Register button at the top of the screen.
3. Complete all boxes on the registration page.
4. Click the box to accept the Terms of Use.
5. Slect the Register button at the bottom of the page.
6. An email will be sent to you with the activation link.
7. Navigate to your email, and select Activate Your Account.
   1. Check you spams folders if you didn't receive the email.
8. Once you click Activate, you will be redirected to your Property Alert account.
9. You have successfully created an account. You next need to register properties and names to your account. Click the underlined links to learn how to add each.

Follow the instructions below. You can also view our guide with example images for more detailed help.

Log in to your Property Alert account.

1. Visit the Property Appraiser’s website to collect the parcel number for each property you want to add. A link to the site is shared in Section 1 on the screen.
   1. Tip: Open the site in a new tab so that you can easily return to the Property Alert screen.
   2. On the Property Appraiser’s site, search by name or address.
   3. The parcel number will be displayed in the Parcel ID column. Tip: Save this number! You will need to input it into the number in Property Alert.
2. Return to the Clerk’s Property Alert page. If you left the tab open, proceed to the next step.If you didn’t leave the tab open, you may have to Log in to your account. Click the underlined text above to return to the site.
3. Click the Property link in the middle of the page. If you don't see a Property link, click the Complete User Setup link at the bottom of the page.
4. Add your parcel number in the boxes at the bottom of the page.
5. You can add additional properties by clicking the Add button.
6. Select the Save button to complete your entry(s).
7. A green message will appear at the top, under the My Information line, that confirms your information was saved.

You can find your parcel number on the Polk County Property Appraiser’s site.

1. Visit the Polk County Property Appraiser's website.
2. Select Property Search.
3. Search by the name on the property or the address.
4. The number will be displayed in the Parcel ID column of the search results.
5. You can also click the linked number to see more details about the property. The parcel is displayed at the top of the details page.

Follow the instructions below. You can also view our guide with example images for more detailed help.

Add names to your account by selecting the Alerts Registration link in the top right corner or the Party Names link in the middle of the page. 

1. Add your desired names in the blank box at the bottom of the page.
2. You can add more names by clicking the Add Party button.
3. Select the Save button to complete the process.
4. A green message will appear at the top, under the My Information line, that confirms your information was saved.

You can revisit the information you’ve loaded at any time in the future. 
Follow the instructions below. You can also view our guide with example images for more detailed help.

1. Log in to Property Alert.
2. Visit the Alerts Registration link in the top right corner or the My Information, Property, or Party Names links in the middle of the screen. 
   1. The My Information page shows you the information you used to register the account.
   2. The Property page shows you the properties you have registered
   3. The Party Names page shows you the names you have registered.
3. Edit: Visit the page for the info you want to edit - Property and/or Party Names. Place your cursor in the box you want to edit and change the info. Press save to complete the changes.
4. Remove: Visit the page for the info you want to edit - Property and/or Party Names. Click the Remove button by the info you want to remove. Press save to complete the changes.
5. Add: Visit the page for the info you want to edit - Property and/or Party Names. Click the Add button. Input the addition(s). Press save to complete the changes.