Clerk and Comptroller Juan Fernandez-Barquin, Esq October 2024 Newsletter
From the Desk of
Juan Fernandez-Barquin, Esq.
My team and I have been working diligently throughout the month of September for our customers. We launched our third Operation Green Light program, which assists customers with parking, traffic, and criminal fines by removing collection fees from September 23rd to October 6th, 2024.
Additionally, my team has been working hard to establish recurring payments for our payment plans. Since the creation of payment plans to date, over 13,100 customers have registered, and since the creation of autopay 3-weeks ago over 959 customers have enrolled in autop-pay. These payment plans ensure that customers can pay their outstanding fines and fees in manageable monthly installments, often lifting suspensions and allowing them to get back on the road legally.
Since my appointment, my office has also been actively contacting customers who may have unclaimed surplus funds with us. To date, we have initiated actions in 439 foreclosure cases, amounting to $4,008,069.16 in surplus funds. Additionally, our office regularly receives phone calls regarding mail correspondence from private companies offering deed copies. Although these services are not illegal, they often charge high fees. Our office offers the same service at a nominal cost—$1.00 per page, plus a $2.00 flat fee for certification. You can obtain copies by visiting our office or through our website.
Over the month of September, we participated in several community events, including two mobile events and the Seal and Expunge event hosted by the State Attorney's Office. I want to thank you for using the services provided by my office. If we can ever be of assistance, or if you have suggestions, please feel free to email us at mdccoc@miamidade.gov.
Yours in service,
Juan Fernandez-Barquin, Esq.
Operation Green Light
I am excited to announce that Operation Green Light (OGL) began on Monday, September 23, 2024, and runs through Saturday, October 6, 2024. OGL is a driver’s license reinstatement initiative designed to help reduce the number of suspended licenses in our community while offering significant savings on collection fees. During this event, all collection fees will be waived, giving residents the opportunity to redirect those funds toward everyday essentials.
This marks the third time I’ve had the privilege to offer this large-scale event to the customers of Miami-Dade County, and the previous results have been outstanding. To date, OGL has assisted over 12,000 customers, saving them a combined total of more than $543,000 in collections fees.
Driver’s license suspensions typically occur due to outstanding traffic tickets, parking fines, or unresolved criminal court costs. OGL offers a unique opportunity to resolve these issues and avoid the financial burden of prolonged suspensions.
This year, I’m thrilled to introduce a new feature that provides even more convenience: for the first time, customers will have the option to set up recurring monthly payments for their online payment plans. This added flexibility gives customers more control over managing their court-related financial obligations, making it easier to stay on track while resolving outstanding issues.
Operation Green Light is not only about helping customers get back on the road but also about easing the financial burden many of them face and empowering them to focus on their families, jobs, and daily lives. I encourage everyone who may be affected to take full advantage of this incredible opportunity.
Online Payment Plans Now Include Recurring Payments
In January, my office proudly launched the long-awaited online payment plan system for criminal and civil traffic infractions. This system marked a significant step toward improving accessibility and convenience for our community. I am excited to share that, for the first time, customers now have the option to set up recurring monthly payments on their new and existing online payment plans, ensuring greater flexibility and control over their court-related financial obligations.
Our team worked tirelessly on this project, and their dedication has not gone unnoticed. We were honored to receive the prestigious "2024 Achievement Award" from The National Association of Counties in recognition of our Online Payment Plans initiative. This accolade is not just a reflection of the hard work of my team, but also a testament to my unwavering commitment to making government services more accessible and user-friendly for all residents.
This new system and enhancements align closely with the ongoing efforts of the Driver’s License Task Force, spearheaded by Miami-Dade County Commissioner Eileen Higgins. Commissioner Higgins has been at the forefront of reducing driver's license suspensions for non-dangerous drivers who are struggling to pay fines and fees. "I am thrilled that thousands of residents will now be able to use a modern and convenient online payment plan to help them safely get their licenses restored. Thank you to Clerk of the Court and Comptroller Fernandez-Barquin for being an invaluable partner in implementing technological solutions that will restore people’s access to economic opportunity and put them back on the path to success,” said Commissioner Higgins.
Before the launch of this system, residents were required to visit one of our 16 locations across Miami-Dade County to meet with a court clerk in person and set up a payment plan. Now, with this online platform, we are eliminating that burden and offering a solution that can be accessed from the comfort of home. This is just one of the many ways I am committed to embracing technology to enhance our services and better serve the people of Miami-Dade County.
Moving forward, our office remains dedicated to rolling out more innovative, simple, and impactful solutions to help residents meet their obligations and navigate the legal system with greater ease. We believe that these advancements will create positive ripple effects, benefiting both individuals and the community as a whole.
Unclaimed and Surplus Funds
You may not realize it, but you could have unclaimed funds from a foreclosure, tax deed sale, or other legal proceedings held in Miami-Dade County. These surplus funds are often left over after the resolution of a case and can be claimed by the rightful owner or other interested parties.
With recent changes in statewide policies regarding the remittance of unclaimed funds to the Florida Department of Financial Services, my office has taken a proactive approach. We have spearheaded an initiative aimed at identifying and returning surplus funds to their rightful owners or interested parties. This ensures that money owed to individuals is properly returned, rather than being left unclaimed.
But what exactly are surplus funds? These funds are typically the extra money that remains after certain legal proceedings are settled. For instance, in the case of a foreclosure sale, the proceeds from the sale are used to pay off the mortgage and any associated fees. If there is money left over after these obligations are satisfied, it is considered surplus funds. Similarly, funds from tax deed sales and other legal transactions are deposited into the Court Registry, and any remaining amounts after debts are settled may be claimed.
As part of our initiative, my office has filed or will be filing actions with the court to determine who is entitled to these surplus funds. We believe it is important to take an active role in ensuring these funds are returned to their rightful owners. To date, we have initiated actions in four-hundred thirty-nine (439) Foreclosure cases amounting to $4,008,069.16 in surplus funds.
In cases where the rightful owner cannot be located, these funds are transferred to the Florida Department of Financial Services Unclaimed Property Division in the name of the owner or interested party. This ensures that even if the individual cannot be found immediately, the funds are still available for claim.
If you believe you are owed surplus funds, my office is here to assist. You can visit our website for more information and resources under “Homeowners Rights to Surplus Foreclosure Sale Proceeds” at Mortgage Foreclosures (miamidadeclerk.gov).
Additionally, you can check with the Florida Department of Financial Services to see if any unclaimed funds from my office are being held in your name or business by visiting Florida's Unclaimed Property (fltreasurehunt.gov).
EXTENTED HOURS AVAILABLE AT
THREE (3) LOCATIONS
Three of our locations offer Extended Hours to assist our customers who are unable to visit our locations Monday - Friday during normal working hours. Since the implementation of this program, we have assisted over 4,700 customers and have collected over $215,000 in fines and fees.
My dedication from day one has been to improve accessibility in the Clerk's office and extended hours have done just that. During extended hours customers are also able to establish recurring payment plans to lessen the burden of the fines and fee's they owe, by establishing reasonable monthly payments in order to assist our customers.
Beware of Private Companies Charging
Excessive Fees for Certified Deeds
As the official recorder of all instruments that may, by law, be recorded in the county. My office is responsible for the recording, protecting, preserving, and disseminating of all official records. One of the many documents we record and are commonly processed are property deeds. These documents are essential for transferring property ownership or establishing legal rights regarding real estate. Typical types of deeds you can record include general, special warranty, quitclaim, personal representative’s, life estate, trustee, special purpose (tax, sheriff, and guardian’s), and corrective deeds.
Once your document is processed by your attorney or yourself with my office, a certified copy is provided to the person who filed it. That certified copy is your official record, indicating that your document has been properly recorded. The recorded document will appear in our online system within a few business days. Our office frequently receives calls from individuals asking why they received promotional postcards or letters from companies offering certified copies of their recordings for a fee.
Although not illegal, these companies often market services to provide deed copies or other public records at exorbitant fees. These companies are not affiliated with my office or any other government agency, but they do have access to publicly available documents, such as property deeds. They then offer to send certified copies to homeowners for a fee. It’s important to understand that once your document is recorded with my office, there’s no need to pay an outside company for copies. In addition to obtaining copies in person, you can also request certified copies directly through our office’s website. We ensure a quick turnaround time and offer more affordable options compared to third-party services. If you need additional copies, visit our office where we offer them at $1.00 per page, plus $2.00 flat fee for certification or via our website at Click Here. This provides a more affordable option compared to the higher fees charged by private companies. My priority is to serve the public and ensure that you have easy and affordable access to your important legal documents.
Community Outreach & Mobile Unit
During the month of September my office coordinated two (2) mobile unit events to better serve our community. On September 25, 2024, we hosted our mobile unit in conjunction with the Village of Palmetto Bay and on September 28, 2024, we assisted the residents of West Kendall at the West Kendall Regional Library.
During our mobile unit events customers are able to:
Collect court fees for felony, misdemeanor, traffic, and parking related cases
Offer a payment plans for felony, misdemeanor, and traffic cases
Reinstate Miami-Dade Driver's Licenses for traffic citations (suspensions)
Provide affidavits for reinstatements for criminal, felony, or misdemeanor related suspensions
Clerk certificates (certified closed case dispositions for felony, misdemeanor, and traffic cases)
Certified court records for Miami-Dade marriages, divorces, civil, and traffic cases, plus other public records as allowed by Florida law
Issue Miami-Dade County Release certificates for vehicles withheld tags or towed due to unpaid parking citations
Assistance with Miami-Dade County civil case filings (small claims, landlord and tenant evictions)
Provide information and forms to seal and expunge criminal records
My office also participated in the "Second Chance/ Sealing and Expunging" program at the Miami Beach Community Church hosted by State Attorney Katherine Fenandez Rundle along with the following community partner, Public Defender Carlos Martinez, NAACP, and Florida Rights Restoration Coalition. During the event sixty-five (65) individuals were assisted and thirty-eight (38) were eligible to seal or expunge their one arrest.
Property Fraud Alert System
One of my top priorities has been informing and assisting the citizens and property owners of Miami-Dade County as it relates to property fraud. Prior to me assuming the position of Clerk of the Court and Comptroller, I co-sponsored House Bill (HB) 1419 which addressed property fraud head on.
This free registration alert system alerts property owners of potential property fraud. Property fraud occurs when an individual uses a forged document to sell, transfer or incumber property that does not belong to them. Forged documents may or may not affect the property, however, it may give the appearance to the rest of the world that the status or ownership of the property has been changed. If you believe you have been a victim of property fraud, removing this change from your title can be a complicated process.