Privacy Policy

General

The Bay County Clerk & Comptroller’s Web site is for informational purposes only and is offered as a convenience for our customers. We make no warranty or guarantee regarding the accuracy or reliability of the content on this site. The Clerk & Comptroller’s office shall not be liable for errors or for any damages in connection with the use of the information appearing on this or other referenced websites.

This website does not provide legal advice. Please contact a qualified attorney for guidance about a particular legal issue.

By using the information, services and products available through this website, you agree to be bound by all of the terms and conditions of use as set forth herein.

The terms and conditions set forth in the PPTOU may be updated from time to time without notice to you. It is your responsibility to review it from time to time to be aware of any such change. Your continued use of this service will indicate your agreement to any such change.

Public Records

Florida has a very broad public records law. As a result, any written communication created or received by Bay County Clerk & Comptroller officials and employees will be made available to the public and media, upon request, unless otherwise exempt. Furthermore, under Florida law, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact our office by phone or in writing.

Collection of Personal Information

When you engage in activities on this site, you may be asked to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities.

Depending upon the activity, some of the information that we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity online. Instead, you will need to use a non-Web option for transacting that business with the Bay County Clerk & Comptroller.

Protection of Your Personal Information

The Bay County Clerk & Comptroller recognizes and appreciates the importance of responsible use of information collected on this site. Information may be saved for a designated period of time in order to comply with the State of Florida’s archiving policies. However, information will not be disclosed to third parties or other government agencies, unless required by state or federal law.

Use of Cookies

When you visit the Bay County Clerk & Comptroller’s Web site, you can surf the site anonymously and access information without revealing your identity. In order to improve our site, we may use “cookies” to assist your visit. A cookie is small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It can function as your identification card, recording your passwords, purchases, and preferences. However, it cannot be executed as code or deliver viruses.

Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it.

For some Web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those pages. While certain Web pages use cookies to assist your visit to the Bay County Clerk & Comptroller Web site, and while our Web servers automatically log the IP address of your computer, this information does not identify you personally, and you remain anonymous unless you have otherwise provided personal information to a specific Web page.

User Accounts

When registering to use a feature, it is solely your responsibility to keep your private account information, such as username and password, secure. You must not disclose your private account information to anyone except other authorized persons.

You are entirely liable for all activities conducted through your account. You agree to immediately notify the Bay County Clerk & Comptroller of any unauthorized use of your account or any breach of security.

The Bay County Clerk & Comptroller will never ask you for your password in an unsolicited phone call or in an unsolicited e-mail. Also remember to sign out of your account and close your browser window whenever you have finished your work.

Security

Data transmission over the Internet is not guaranteed to be 100% secure. While we strive to protect your personal information, the Bay County Clerk & Comptroller cannot ensure or warrant the security of any information transmitted to us or received from our online products or services. Once we receive a transmission, we make our best effort to ensure it is secure on our systems.

Your Responsibilities

You are responsible for all charges associated with connecting to the Internet. You agree that any telephone or other communications fees and charges incurred are your sole responsibility.

Prohibited Uses

As a user of the Bay County Clerk & Comptroller’s website, you agree to use this service only for its lawful, intended purposes. Use of this service for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. You also agree not to use the service to:

Provide false information or to impersonate someone else;
Distribute computer viruses, worms, or any software intended to damage or alter a computer system;
Violate any applicable local, state, national or international law.

System and Network Security

Violations of system or network security of the service are prohibited, and may subject you to criminal and/or civil liability. The Bay County Clerk & Comptroller will investigate potential security violations, and may notify applicable law enforcement agencies if violations are suspected.

You may not attempt to circumvent the authentication procedures or security of any host, network, network component, or account to access data, accounts, or systems that you are not expressly permitted to access.

You may not interfere or attempt to interfere with service to any other user.

Violation of Terms of Use

In the event of any violation of the terms contained herein, the Bay County Clerk & Comptroller reserves the right to suspend or terminate, either temporarily or permanently, any or all services provided. Users who violate terms contained herein may additionally incur criminal and/or civil liability. The Bay County Clerk & Comptroller may refer violators to civil or criminal authorities for prosecution.

Indemnity

You agree to indemnify and hold the Bay County Clerk & Comptroller and its subsidiaries, affiliates, telecommunications providers, service providers, officers, employees and agents harmless from any claim, liability, loss, expense or demand, including attorneys’ fees, related to a user’s violation of the terms and conditions or the use of the services and information provided at this Web site.

Limitation of Liability

In no event will the Bay County Clerk & Comptroller, its suppliers, its service providers, or other third party affiliates be liable for any damages whatsoever including but not limited to:

Direct, indirect, incidental punitive and consequential damages arising out of the use, inability to use, or the results of use of this service;
Any Web sites linked to the service, the materials or information contained at any or all such sites;
Content anywhere on the internet, whether based on warranty, contract, tort or any other legal theory;
Including without limitation those damages resulting from lost profits, lost data or business interruption;
Aggregate liability of the Bay County Clerk & Comptroller or any of its suppliers, service providers, or third party affiliates.

In no event shall the Bay County Clerk & Comptroller be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of this Web site or from any information, services or products provided through this Web site, even if the Bay County Clerk & Comptroller has been advised of the possibility of such damages.

If you are dissatisfied with this Web site, or any portion thereof, your exclusive remedy shall be to stop using the website.

Termination

If a user’s conduct fails to conform to the letter or spirit of these terms and conditions or if the Bay County Clerk & Comptroller believes the user’s conduct may create liability for its affiliates, then that user’s service will be terminated.

The Bay County Clerk & Comptroller reserves the right to restrict access of any user of this service and may at any time in its sole discretion with or without notice and with or without cause immediately deny access to the service and may remove all account information.

Disclaimer of Warranties

This service is provided by the Bay County Clerk & Comptroller on an “as is” basis. Neither the Bay County Clerk & Comptroller nor its partners, providers, or affiliates make any representations or warranties of any kind, express or implied, as to the operation of the service, its contents, or any information made available by or through the service.

The Bay County Clerk & Comptroller disclaims all warranties, expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or any infringement. Furthermore, the Bay County Clerk & Comptroller does not warrant that use of the service will not be interrupted, available at any time or from any location, secured and error-free. Corrected defects are not warrantable and the service is not guaranteed free of viruses or other harmful components.

Jurisdictional Issues

The PPTOU shall be governed by and construed in accordance with the laws of the State of Florida as it is applied to contracts entered into by residents of the State of Florida including the public records law (Chapter 119, Florida Statutes). You also consent to the exclusive jurisdiction of the state and federal courts in Bay County, Florida, and you further consent to the exercise of personal jurisdiction of the courts therein.

If any provision(s) of the PPTOU is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

The Bay County Clerk & Comptroller’s failure to exercise or enforce any right or provision of the PPTOU shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Bay County Clerk & Comptroller in writing. You and the Bay County Clerk & Comptroller agree that any cause of action arising out of or related to this PPTOU or the service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The section titles in this PPTOU are solely used for the convenience of the parties and have no legal or contractual significance. These terms and conditions constitute the entire agreement between you and the Bay County Clerk & Comptroller with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party.

TDT Reports Archive

Search Official Records

Search Official Records Now

Search Prior to 1987

Search Older Alpha Index / Plats

By accessing these services, you agree to any terms and instructions defined below.

The Official Records Search allows you to search the entire Bay County Official Records database for final judgments, land records, and other public documents recorded after January 1st, 1987.

The search will return a list of Parties, the date the document was recorded, the type of document that was recorded, the Book type, the Book/Page and Clerk Instrument Number of the document.

The copies viewed on this website are not legal official documents. Official legal document copies are available only from the Clerk’s Official Records Department.

With information obtained online, you may easily retrieve and identify documents available at the Official Records Division of the Clerk’s Office. These documents can be obtained in the following manner:

By visiting the Bay County Official Records search page for free uncertified copies.
By contacting the Official Records Division of the Clerk’s Office (by phone (850)763-9061 opt 3 or by email recording@baycoclerk.com) and requesting that certified copies be mailed to you at a cost of $1.00 per page for copies and $2.00 for certifications.
Electronic Certifications are also available from our website by choosing the purchase certified documents option on the homepage or by following this link.
How do I obtain a certified copy of a Marriage License?
If you are local, all you need to do is come to our office (in room 110 at the Bay County Courthouse). Make sure and know both parties names and the time of the marriage and the year of the marriage. You may pay by cash or a Visa, MasterCard, American Express or Discover credit or debit card. Note: if you choose to use a credit or debit card you will be charged a convenience fee.

If you are from out of town, you’ll need to send a letter requesting those copies. Be sure to include both names at the time of the marriage and the year of the marriage. Payment must be sent by money order (we do not accept checks) made payable to Bill Kinsaul, Clerk. The day we receive your request we will process it and send your certified copies back out to you. Send your request to the following address:

Bay County Clerk’s Office
ATTN: Marriage License Department
P.O. Box 2269
Panama City, FL 32402

Requests can also be sent via email by completing and attaching saved copies of the Marriage License Request Form and the Recording/Marriage License Department Credit Card Payment Form (both linked below). Forward the attachments to recording@baycoclerk.com for processing.

Request for Marriage Record
Recording/Marriage License Department Credit Card Payment Form

Or you may contact the Office of Vital Statistics:

Department of Health
Office of Vital Statistics
P.O. Box 210
Jacksonville, FL 32231
904-359-6900

INSTRUCTIONS on using our Search Page – Click HERE.

Effective January 1, 2024, in accordance with Florida Statute 695.26 and the requirements for recording instruments affecting real property, the Clerk will not record an instrument by which title to real property or interest is conveyed, assigned, encumbered, or disposed of unless:
• The name of each witness is legibly printed, typewritten, or stamped immediately beneath the signature of the witness.
• The post office address of each witness is legibly printed, typewritten, or stamped on each instrument.

Property Fraud Alert

Bay County Clerk of Court offers property owners a free service to alert themselves of potential property fraud.

According to the FBI property and mortgage fraud is one of the fastest growing white-collar crimes. Scammers file fraudulent deeds making it appear as if they own the property. This type of fraud can go undetected if the property owner does not periodically check the Official Records. Although checking does not prevent the actual fraudulent activity from occurring it does provide an early warning of what may have otherwise gone undetected.

Properly Fraud Alert emails notifications to subscribers when a deed, mortgage, or other land record with their registered name on it has been recorded into the Clerk’s Official Records.

Property Fraud Alert is a free service that alerts subscribers when a mortgage, deed or other land document is recorded in their name in Bay County’s official records. Notifications are emailed within 24 hours of the document being recorded. Sign up and start protecting your most valuable investments.

If You Receive an Alert

If a document is recorded that matches your monitoring criteria, you will receive an email and/or text alert within 24 hours. The alert will include a link to the document being recorded in the Clerk’s Official Records.

If the name and property are not yours or if you recognize the filed document, no further action must be taken.

If the property is yours, but you do not recognize the document filed, you may be a victim of property fraud.

If you believe you have been the victim of property fraud, correcting your title can be a complicated process. The Bay County Clerk of the Circuit Court & Comptroller has created this list of steps you should take immediately to correct your title and affirm your ownership.

Steps to Take for Victims of Property Fraud

Report the Crime to the Appropriate Law Enforcement Agency

Deed forgery and property fraud is a criminal act under Florida Statute 817.535. Bay County’s local law enforcement agencies take this crime seriously and have detectives on staff to investigate these crimes with the hope of bringing the fraudsters to justice. The police report that is created will be helpful to you in correcting or restoring the title on your property.

Contact local law enforcement immediately if you suspect you have been victimized

– Bay County Sheriff’s Office: (850) 747-4700
File a Complaint with the Circuit Court to Quiet Title Based on Fraudulent Conveyance (Fla. Stat. Sec. 65.091 and 817.535(8)(a))

Through this new legislation there are forms to help you remove the fraudulent document. A Complaint to Quiet Title based upon a Fraudulent Conveyance is a civil lawsuit that will request the Court to declare the offending document as fraudulent. All applicable filing fees will apply. A final judgment “quieting title” will direct the Clerk to remove the fraudulent document from the Official Record. On our website you will find instructions and a simplified form to assist you in filing a complaint to quiet title. For easy access please click here to view the form.
Record a Lis Pendens in the Official Records of Bay County

A lis pendens puts the public on notice that there is a lawsuit involving the property and helps prevent any subsequent sales or transfers of the property until the court resolves the dispute. The court case (step #2) must be filed prior to recording the lis pendens.
Contact the Property Appraiser and Tax Collector

– Property Appraiser’s Office: (850) 248-8401
– Tax Collector’s Office: (850) 248-8501

In a fraudulent recording, a recorded document may change the property owner in the Property Appraiser’s and Tax Collector’s systems. As a result, TRIM notices and property tax bills may be sent to a different address. Unpaid taxes can eventually result in the property being sold at Tax Deed Auction.
Sign Up for Property Fraud Alert

If you have not already done so, sign up for Property Fraud Alert, a free service offered by your Bay County Clerk. Property Fraud Alert notifies you within 24 hours of any documents filed that affect your property. While it cannot prevent a fraudulent document from being filed, it can allow you to respond quickly to address any problems.

Sign Up

Visit the Recording Activity Notification page to register.
Enter your personal or business name and email address.
To register a Trust, enter the Trust as a business name

Notice

On or after October 1, 2002, any person preparing or filing a document for recording in the Official Records Department may not include a social security number, a bank account, credit, debit or charge card number in such a document unless required by law.

Any person has the right to request the Clerk/County Recorder to redact /remove social security, bank account, credit, debit or charge card numbers from any image or copy of an Official Record that has been placed on the Clerk’s publicly available website.

The request must be legibly written, signed and delivered in person, by mail or by fax to the Clerk’s Official Records Department. The request must specify the identification book and page number that contains the information to be redacted. No fee is charged for this service.

You may access the link to our Forms Page to print a request form or write your own request and hand deliver to the Bay County Courthouse, Room 110. Or mail to:

Bay County Clerk’s Office
Attention Official Records
P.O. Box 2269
Panama City, FL 32402

Bay County Clerk’s Office
Attention Official Records
300 East 4th Street
Panama City, FL 32401

**Because of the risk of computer viruses attached to electronic signatures, this office will not accept electronic requests.

Tourist Development Tax

CLICK HERE to file your TDT tax report

CLICK HERE to register your rental property

Monthly Analysis Reports

Archive of TDT Analysis Reports

Frequently Asked Questions

What is the Bay County Tourist Development Tax?
Where is the Special Taxing Jurisdiction?
Who collects and pays this tax?
What is subject to the Tourist Development Tax?
What defines a short term/vacation rental?
How are taxes remitted?
Does Airbnb/VRBO/Homeaway pay the Tourist Development Tax on behalf of the taxpayer?
Need more information?

What is the Bay County Tourist Development Tax?

The Bay County Tourist Development Tax is a 5% bed tax collected from a special taxing jurisdiction within Bay County on short term/vacation rentals.

Where is the Special Taxing Jurisdiction?

The Special Taxing Jurisdiction is defined by Bay County Ordinances. This includes all properties: (a) Within the city limits of Panama City Beach, Panama City, and Mexico Beach; (b) South of Panama City Beach Parkway from Phillips Inlet Bridge to Hathaway Bridge; (c) In the area surrounding the PCB Sports Complex; (d) East of Tyndall AFB and south of the Intracoastal Waterway.

Who collects and pays this tax?

All owner/operators/property managers of short term/vacation rental properties collect this tax from their guests.

What is subject to the Tourist Development Tax?

Nightly, weekly, monthly room rates; All fees that a guest is required to pay in order to stay at an accommodation (cleaning fees, pet fees, resort fees, etc.); The Panama City Beach license fee (for all properties located in the city limits of Panama City Beach); The Panama City license fee (for all properties located in the city limits of Panama City). Refundable security deposits ARE NOT taxable.

What defines a short term/vacation rental?

All facilities within the special taxing district that are rented for 6 months or less. These facilities include, but are not limited to: hotel/motel rooms, condominiums, single-family homes, apartments, townhomes, multi-unit structures, mobile homes, cottages, beach houses, guest houses, rooms, or water crafts.

How are taxes remitted?

Tax returns are due monthly by the 20th of the following month. Tax returns submitted and paid on time at our website are entitled to a 2.5% collection allowance (maximum $30.00). A tax return must be prepared each month even if there is no income to report. Late reports are subject to loss of collection allowance, interest and a minimum $50.00 penalty.

Does Airbnb/VRBO/Homeaway pay the Tourist Development Tax on behalf of the taxpayer?

No. There is no agreement between Bay County and any online platform (Airbnb, VRBO, Homeaway, etc) to receive payment of taxes on behalf of the property owner. It is the responsibility of the property owner to collect and remit the 5% Bay County Tourist Development Tax to the Bay County Clerk of Court and Comptroller.

Need more information?

Click here to visit the Tourist Development Tax website

Guardianship Audits and Reporting

Guardianship Audits

The Inspector General supports the Bay County Clerk of Court and Comptroller staff in an attempt to augment the court’s oversight process applicable to the protection of wards’ assets pursuant to Chapter 744, Florida Statutes.

Guardianship Reporting

Accountings should include all supporting bank statements, receipts, invoices and/or cancelled checks (if receipts are unavailable), as well as any other necessary documents for validation.

Plans should include a current Physician’s Report (unless exempt) and any other necessary supporting documentation.

Guardianship Reporting Calculator

CLICK HERE to open the Guardianship Reporting Calculator in a new tab.

Additional Resources

Probate Court Department, Clerk of Court & Comptroller

14th Judicial Website Forms

Office of Public & Professional Guardians (OPPG)

Florida Statute Chapter 744 Guardianship

Registered Professional Guardians (OPPG)

Florida Public Guardian Programs (OPPG)

National Guardianship Association, Inc.

Florida State Guardianship Association

FCCC 2021 Guardianship Audit Best Practice PDF

FCCC 2021 Guardianship Audit Best Practice – Checklist PDF

FCCC 2021 Guardianship Audit Best Practice – Appendix PDF

Probate

Probate is the legal process through which a deceased person’s assets are distributed to the heirs or beneficiaries, per the wishes of the deceased as stated in The Last Will and Testament or if there is no will, according to Florida Law. The Court oversees the estate to ensure that all debts are paid and assets are properly distributed. Probate is needed when a court order is required to transfer ownership of the deceased’s properties or to distribute the assets of the estate. Probate is not needed if all assets were jointly held and one of the joint holders is the survivor.

Probate matters include

Wills (not filed until the death of the party).
Estates (when there are assets to be distributed).

Forms & Documents

Probate / Guardianship Forms

Child Support

The State of Florida Disbursement Unit (SDU), acts as the central depository for receiving, recording, reporting, monitoring, and disbursing alimony and child support payments, in accordance with Florida Statutes, Section 61.181.

Automated Child Support Payment information may be obtained by contacting the State of Florida Disbursement Unit in Tallahassee at (877) 769-0251. Clients must have their nine-digit case number and Social Security Number ready. This will give the amount that was disbursed and the date of disbursement. If the Social Security Number of the absent parent is used, information regarding the balance due is available as well.

The Child Support Enforcement (CSE) division assists custodial parents (whether married, separated, divorced, or unmarried) with the location of non-custodial parents. The CSE division assists with the establishment of paternity and/or a child support order, and enforcement of child support obligations even if the non-custodial parent resides in another state other than Florida or lives in a foreign country.

To contact the Child Support Enforcement in Tallahassee, Florida; please call:
(850) 488-KIDS (5437).

Self-Help Packets

These self-help packets are for people who wish to represent themselves in the following family law proceedings. These packets are available for purchase in the Family Law Division at 300 E 4th Street (Call 850-763-9061 for packet price and availability) or from Florida Family Law Rules of Procedure.

When you connect with the Florida Family Law Rules of Procedure site, you will scroll down until you see “Representing Yourself” and click on “Family Law Forms”.

Call 850-763-9061 for packet price and availability

Modification of Child Support
Modification of Child Custody
Contempt of Child Support
Contempt of Visitation

You can also request the Clerk to send a Notice of Delinquency on any support order that is more than 30 days delinquent. You will need to provide your case number and the other parties’ address with your request for a Notice of Delinquency. You may provide this request by email at webchildsupport@baycoclerk.com or by phone at 850-763-9061.

Pay Child Support Online

Definition of Terms

Absentia: Absent; proceedings without the defendant present.

Acquit, Acquittal: A finding of not guilty by a judge or jury.

Adjudication: Judgment rendered by the court after a determination of the issues.

Adjudication Withheld: A manner of disposition in which the court does not pronounce a formal judgment of conviction.

Affidavit of insolvency: A detailed form signed by the defendant, under oath, attesting to his/her indigence.

Arraignment: After being arrested a person must be arraigned. This is to ensure that a person is aware of the charges and has the opportunity to defend him or herself. The accused can admit guilt at the arraignment, or enter a plea of not guilty.

Arrest: An arrest is typically seen as the act of taking someone to jail but technically it includes the issuance of a summons to appear in court on a criminal matter.

Bond: Cash or surety posted to procure the release of a defendant by insuring his/her future attendance in court, and compelling him/her to remain in the jurisdiction of the court.

Surety Bond: A certificate posted by a bonding company to the sheriff for release of the defendant

Cash Bond: is the total amount of the bond set in cash.

Bench Trial:Trial without a jury in which a judge decides the facts. This is also known as a non-jury trial.

Bench Warrant: An order issued by a judge for the arrest of a person. This is also known as a “capias.”

Capias: A writ to the sheriff or other authorized agent to arrest the named person (nationwide).

Certified copy: A court document that is authenticated, signed and sealed by the clerk or deputy clerk.

Civil Infraction: A non-criminal traffic violation that is not punishable by incarceration and for which there is no right to a trial by jury or a right to court-appointed counsel as defined under Rule 6.040, Florida Rules of Traffic Court.

Community control: A form of probation restricting the defendant’s movements to an extreme degree.

Complaint: Formal written charge that a person has committed a criminal offense.

Conviction: A judgment of guilt against a criminal defendant.

County Probation: This is similar to the Department of Corrections however it is at the county level. It is the agency that supervises misdemeanor probationers, conducts pretrial monitoring, and runs misdemeanor diversion programs (among other things).

D- 6: A court report to the Department of Highway Safety and Motor Vehicles of a person’s failure to appear in court, leading to suspension of the driver’s license.

Demand for discovery: Demand by the defense attorney to the State Attorney to furnish material information on a case.

Department of Corrections(DOC): The Department of Corrections operates all the prisons (see below) in Florida and supervises all defendants placed on probation or community control. It also runs the felony diversion programs. This is a statewide agency.

Docket: A list of cases to be heard by a court or a log containing brief entries of court proceedings.

Felony: A crime that is punishable by incarceration that can extend over 365 days in length.

Third Degree Felony: Punishable by up to 5 years in prison and $5,000 fine. Not eligible for withhold of adjudication if two prior felony offenses.

Second Degree Felony: Punishable by up to 15 years in prison and $10,000 fine. Not eligible for withhold of adjudication except under special circumstances.

First Degree Felony: Punishable by up to 30 years in prison and $10,000 fine. Not eligible for withhold of adjudication.

Life Felony: Punishable by life in prison and $15,000 fine.

Capital Felony: Punishable by death.

First Appearance: When a person is arrested the Florida Rule of Criminal Procedure 3.130 requires that the arrested person be brought before a judicial officer within 24 hours. The Judge will inform the Defendant of the charge and certain Rights. At this time the judge will also determine the conditions of pretrial release.

Hung jury: Jury unable to reach a verdict.

Incarceration: Also known as imprisonment. When you are sentenced you are ordered to spend a specific amount of time in jail or prison and you are thereby incarcerated.

Jail:Jail and prison are terms that are often used interchangeably, however there are differences. In Florida jails are county correctional institutions. They house inmates that have been arrested and have not, for whatever reason, bonded out before trial and house inmates that have already been sentenced to terms of incarceration that are less than a year in length.

Information: A formal charging document issued by the State Attorney, that the named person committed a specific offense.

Judgment / Sentence: The official document of a judge’s disposition (decision) of a case and sentence of a defendant.

Jury trial: A trial in which the jury judges the facts and the judge rules on the law.

Juvenile: A juvenile is any person under the age of 18 unless they have been given adult status by a court.

Misdemeanor: This is a crime that is punishable by up to a year incarceration depending on the degree. A misdemeanor offense has no impact on your civil rights unless it is charged as domestic violence.

First Degree Misdemeanor: Punishable by up to 365 days in jail and $1,000 fine.

Second Degree Misdemeanor: Punishable by up to 60 days in jail and $500 fine.

No information: Document which states no formal charge will be filed by the State Attorney

Nolle Prosequi: This is a Latin term that means the Office of the State Attorney, after charging you with an offense, has decided to terminate the prosecution.

Notice to Appear: As defined under Rule 3.125 (a), Florida Rules of Criminal Procedure, a written order issued by a law enforcement officer in lieu of physical arrest requiring a person accused of violating the law to appear in a designated court or governmental office at a specified date and time.

Nunc pro tunc: An entry made now for an act done previously and to have the effect as if it were done on a prior date.

Order to Show Cause: Is a court order requiring a person to appear and show why some action should not be taken.

Plea: Defendant’s answer to the charge – guilty, not guilty or nolo contendere. In a criminal proceeding, it is the defendant’s declaration in open court that he or she is guilty or not guilty.

Guilty Plea: A plea by the defendant in a criminal or traffic prosecution admitting the commission of an offense with which he/she is charged or a lesser included offense.

Nolo contendere: A person neither admits nor denies the charges, letting them stand as is.

Pretrial Conference: This is a court date that is scheduled after the arraignment and before the trial. It is used by the courts as a method to keep track of cases.

Pre-sentence investigation: A background investigation of the defendant by the Department of Corrections, returnable to the sentencing judge on or before a certain date.

Pre-trial intervention: A program to aid certain qualifying defendants by diverting them from court proceedings upon successful completion of the program.

Pre-trial release (PTR): Form of (bail)release supervised through the Pre-Trial Release Office

Prison: A facility operated and maintained by the Department of Corrections that houses people found guilty of Felony offenses who have been sentenced for over 365 days of incarceration.

Probation: It is a supervision program. While on probation you must abide by a list of general conditions. The court may also require you to complete additional conditions called special conditions. If you violate any of the general conditions or special conditions or commit a new law offense your probation will be violated. See “Violation of Probation“ below.

Pro se: In one’s own behalf

Prosecutor: A trial lawyer representing the government in a criminal case and the interests of the state in civil matters. In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute.

Public Defender: A court appointed attorney for those defendants declared indigent (unable to hire private counsel).

Recall Capias/Warrant: Court order recalling a warrant or capias.

Recusal: A judge excusing himself/herself from a case.

Release on own recognizance (ROR): Release of a prisoner by a judge with no bond requirement.

Scoresheet: Uniform guidelines for sentencing using points system mandated by the Legislature.

Subpoena: Command to a person to appear and testify in a specific proceeding.

Subpoena Duces Tecum: A court order commanding a witness to bring certain documents or records to court.

Summons: A document signed by a deputy clerk ordering a person to appear before the court.

Sworn complaint affidavit: A sworn, witnessed complaint filed with the Clerk of the Court.

Time served: Actual number of days served in jail.

Traverse: A formal denial of allegations.

Vacate: To set aside. To vacate a judgment is to set aside that judgment.

Verdict: The findings of a judge or jury at the end of the trial.

Voir dire: Examination of a jury panel by an attorney for the defendant or plaintiff, the judge, and the prosecution.

Warrant: Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search.

Withhold adjudication: The judge withholds a judgment of guilt.

Written plea of not guilty: Is a defendant’s plea in writing to the court.

Violation of Probation: A violation of probation occurs when the probationer violates a condition of probation.

Marriage FAQs

Marriage licenses can only be issued to persons who are at least 17 years of age but only with written consent of both parents.

(We have the consent forms to be completed)

However, the older party to the marriage cannot be more than 2 years older than the younger party to the marriage.
We must have the original of the following items from the applicant that is 17 years old:

Birth certificate
Driver’s license, state id or passport
Social security card

(We will make copies of these items and scan into the marriage license transaction)

This is per Florida statute 741.04 which was effective July 1, 2018

Where is your office located?

We are located in the Bay County Courthouse at 300 East 4th Street Panama City, Florida (32401), Room 110.

If you’re coming from the beach, take Hwy 98 going east until you get to Harrison Avenue. Make a right on Harrison Avenue. Go down to 4th Street and take a left. Once you’re on 4th Street, the courthouse is 3 blocks up on the right.

What are your hours?

Our normal business hours are Monday thru Friday 8:00am until 4:30pm.

How long does it take to apply for a license?

It takes approximately 20 minutes to apply for a Marriage License.

What do we need in order to apply for a Marriage License?

For applicants who are 18 years of age or older. Both parties must have State or Government issued valid photo identification (Driver’s License, State issued ID card, Passport, or Military ID). Both parties must know their social security numbers (you do not need to bring the card with you). And if either party has been previously married you must know the FULL DATE of divorce, annulment, or death of previous spouse (you do not need to bring the divorce decree, annulment papers, or death certificate).

Who can issue a Marriage License?

According to Florida Statute 741.01; every marriage license shall be issued by a County Judge or Clerk of the Circuit Court under his hand and seal.

What is the fee for a Marriage License?

The cost of the license is $86.00. We accept cash, Visa, MasterCard, American Express and Discover. Checks are not accepted. Note: if you choose to use a credit or debit card you will be charged a convenience fee.

If we decide not to get married after purchasing the Marriage License, can we get a refund?

No, there are no refunds on a Marriage License.

Do both of us have to come in together to apply for the license?

Yes. Both parties must come in person to apply, no exceptions.

How long is the marriage license valid?

The Marriage License is valid for 60 days from the effective date (block 18a on the Marriage License). The license must be used on or before the expiration date (block 19 on the Marriage License). The person performing the ceremony must return the license to the Clerk of the Circuit Court’s Office for recording within 10 days after the marriage ceremony is performed.

If I live out of state, can I apply for my Marriage License in the state I live?

If you are planning a wedding in Florida, you must apply for your marriage license in the state of Florida. You may apply in any county as long as the license is obtained in the state of Florida.

Who can perform a Marriage Ceremony in the state of Florida?

As listed in Florida Statute 471.0; all regularly ordained ministers of the gospel or elders in communion with some church, or other ordained clergy, and all judicial officers, clerks of the circuit court, and Florida Notary Publics may solemnize matrimony.

Can the Clerk’s Office perform a Marriage Ceremony?

We no longer perform marriage ceremonies. You may bring your own clergy or notary and be married on the front steps of the courthouse or on the front lawn, or click here for a local listing of officiants.

Is there a waiting period?

Non-Florida Residents do not have a waiting period. Florida Residents have a 3-day waiting period.

Is there a way to waive the 3-day waiting period for Florida Residents?

Yes, if BOTH PARTIES are Florida Residents they may choose to take a pre-marital preparation course. If so, the 3-day waiting period will be waived and the license will be discounted to $61.00.

As Florida Residents, how do we go about taking this pre-marital course?

The pre-marital preparation course is not something you can do through the courthouse. You must take the counseling with a registered course provider. The course must be a minimum of 4 hours. You can contact our office to see if your minister or counselor is registered with our office at 850-763-9061.

Who can provide Pre-Marital Courses?

If you are qualified and wish to be an official provider of the pre-marital preparation course, you must register with the Clerk of the Court’s Office. Your Registration Affidavit must be on file with the Clerk’s Office before we can accept any Certificates of Completion from couples counseled by you. The following is a list of qualifications for the pre-marital preparation course providers:

A psychologist licensed under Chapter 490, Florida Statutes
A clinical social worker licensed un Chapter 491, Florida Statutes
A marriage and family therapist licensed under Chapter 491, Florida Statutes
A mental health counselor licensed under Chapter 491, Florida Statutes
An official representative of a religious institution which is
recognized under Chapter 4963404 (201) Florida Statutes (with relevant
training)

Do we have to take this course?

No, the course is not required. However, if you are Florida Residents and you choose not to take the pre-marital preparation course the 3-day waiting period will apply and the license will be $86.00.

Are we required to have a blood test before we apply for our license?

Blood tests are not required in the state of Florida.

Can a Marriage Ceremony be performed without a Marriage License?

No, Florida Statute 741.08 states that the party solemnizing the marriage shall require a properly issued marriage license before performing the ceremony.

Can we, as the couple, return the Marriage License for recording?

No, it is the legal responsibility of the notary public or minister that performed the ceremony to return the license back to the Clerk of the Circuit Court’s Office where the license was obtained within 10 days after the ceremony.

How long does it usually take to get a certified copy of our Marriage License?

Once the license is returned to our office, it will be recorded and mailed out to you the same day.

Can we get married by a captain aboard a ship?

Yes, if the captain is a Florida Notary Public and the ship is in Florida waters (with 2 geographic miles of the coastline) at the time of the ceremony.

Do one or both applicants have to be American Citizens?

No. There is no citizenship requirement in the state of Florida. However, you must provide proper identification. (For proper identification, please see question)

Do we need to apply for our Marriage License to renew our vows?

No. Talk to your religious advisor or personal counselor.

Can I legally marry a family member?

No. Although the marriage application does not specifically ask about possible relationship of the parties, Florida law prohibits close blood relations from legally marrying. These include such relationships as parent-child, brother-sister, and uncle-niece. The nearest degree of relations who may legally marry in the state of Florida are first cousins.

What is the fee for a certified copy of a Marriage License?

Two certified copies are provided as part of the Marriage License fee. Additional certified copies may be obtained for a fee of $3.00 each.

How do I obtain a certified copy of a Marriage License?

If you are local, all you need to do is come to our office (in room 110 at the Bay County Courthouse). Make sure and know both parties names and the time of the marriage and the year of the marriage. You may pay by cash or a Visa, MasterCard, American Express or Discover credit or debit card. Note: if you choose to use a credit or debit card you will be charged a convenience fee.

If you are from out of town, you’ll need to send a letter requesting those copies. Be sure to include both names at the time of the marriage and the year of the marriage. Payment must be sent by money order (we do not accept checks) made payable to Bill Kinsaul, Clerk. The day we receive your request we will process it and send your certified copies back out to you. Send your request to the following address:

Bay County Clerk’s Office
ATTN: Marriage License Department
P.O. Box 2269
Panama City, FL 32402

Requests can also be sent via email by completing and attaching saved copies of the Marriage License Request Form and the Recording/Marriage License Department Credit Card Payment Form (both linked below). Forward the attachments to recording@baycoclerk.com for processing.

Or you may contact the Office of Vital Statistics:

Department of Health
Office of Vital Statistics
P.O. Box 210
Jacksonville, FL 32231
904-359-6900

Who should I notify if my marriage means a name change and/or address change?

If your marriage means a change in name and/or address, remember to make the following important notifications:

Your state’s Department of Highway Safety and Motor Vehicles- Division of Driver’s license
Your nearest Social Security Office (The Panama City office is located at: 3215 Highway 77, Panama City, FL 32405)
Your Supervisor of Elections (The Bay County office is located at 830 W 11th Street, Panama City, FL 32401)
Your Military Reserve Commanding Office (if applicable)
Beneficiaries or joint owners on many of these documents: bank accounts, insurance policies, employment benefits, etc.