Role of the Clerk as Clerk to the Board of County Commissioners Hon. Stacey Butterfield, Clerk-Elect, Polk County Hon. Kirk Reams, Clerk of Court, Jefferson County December 3, 2012
LEGAL AUTHORITY Article VIII, Section 1(d) states: “County Officers. There shall be elected by the electors of each county, for terms of four years…a clerk of the circuit court…” Article V, Section 16 states : “…the duties of the clerk of the circuit court may be divided by special or general law between two offices, one serving as clerk of court and one serving as ex officio clerk of the board of county commissioners . . .”
Definition of Ex-Officio Member Amember of a body (a board, committee, council, etc.) who is part of it by virtue of holding another office.
Clerk Responsibility to the BOCC • F.S. 28.12 and F.S. 125.17, “The clerk of the circuit court shall be clerk and accountant of the board of county commissioners. • F.S. 136.08, “The accounts of each and every board and the county accounts of each and every depository . . . shall at all times be subject to the inspection and examination by the County auditor.” • F.S. 136.06(1) requires that checks or warrants drawn on county accounts shall be “attested by the clerk.” • F.S. 129.09 imposes both personal civil liability and criminal liability on any clerk of the circuit court acting as county auditor who signs a warrant for any illegal or unauthorized payment of county funds.