Amendments to the Rules of Judicial Administration

681 So. 2d 698, 21 Fla. L. Weekly Supp. 403, 1996 Fla. LEXIS 1632, 1996 WL 547188
CourtSupreme Court of Florida
DecidedSeptember 26, 1996
DocketNo. 81638
StatusPublished
Cited by8 cases

This text of 681 So. 2d 698 (Amendments to the Rules of Judicial Administration) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amendments to the Rules of Judicial Administration, 681 So. 2d 698, 21 Fla. L. Weekly Supp. 403, 1996 Fla. LEXIS 1632, 1996 WL 547188 (Fla. 1996).

Opinion

OVERTON, Justice.

We have for review the petition of the Florida Bar Rules of Judicial Administration Committee to consider amendments to Florida Rules of Judicial Administration 2.060, 2.075, and 2.090, with respect to the procedures to be used in Florida for the electronic transmission and filing of documents. We have jurisdiction. Art. V, § 2(a), Fla. Const.

The judicial branch, together with the legislative and executive branches, is rapidly moving into the information age. In issuing today’s opinion, we attempt to take the first step toward developing a common ground for accommodating the methods for filing documents and the maintenance of records by those who have the latest in technological equipment and by those who are not yet “online.” In doing so, we acknowledge that the need for compatibility and for “user-friendly” filing processes are essential in implementing major electronic information changes in our governmental operations.

Importantly, the proposed rules at issue in this case constitute a major step in establishing a proper and efficient process for the filing and maintenance of court records in this information age. As the head of the judicial branch, this Court has the exclusive responsibility for determining how records in the court system are filed and maintained. See Times Publishing Co. v. Ake, 660 So.2d 255 (Fla.1995); Johnson v. State, 336 So.2d 93 (Fla.1976). In carrying out that responsibility, we must ensure that the processes for the filing and maintenance of judicial records by electronic means are compatible, accessible, and cost efficient.

The legislature, in this era of new technology, has recognized the need to coordinate, standardize, and provide an easy means for sharing criminal and juvenile justice data. In this regard, it has established a Criminal and Juvenile Justice Information Systems Council (CJJISC), which has been given the responsibility of establishing guidelines to ensure that all electronic records are available for sharing by affected agencies in all branches of government. See § 943.06-08, Fla.Stat. (1995). Further, the legislature has established a Technical Resource Center to ensure that all state government entities have accessibility to electronic information throughout the state. See § 282.20, Fla.Stat. (1995). In 1996, the legislature codified certain guiding principles that were adopted by [700]*700CJJISC for the management of public safety system information technology resources. See ch. 96-388 § 5, Laws-of Fla. (tentatively codified as § 943.081, Fla.Stat.). We also note that the legislature recently enacted the “Electronic Signature Act of 1996” (tentatively codified as section 282.70-.75, Florida Statutes), which provides, in part:

The head of each agency shall be responsible for adopting and implementing control processes and procedures to ensure adequate integrity, security, confidentiality, and auditability of business transactions conducted using electronic commerce.

Ch. 96-224, § 7, Laws of Fla. Although this Court is not an agency head subject to directive by the legislature in this regard, we agree that any rules we adopt regarding electronic signatures or the electronic maintenance and filing of court records should be consistent with the principles set forth in these legislative enactments. It is the intention of this Court to cooperate with the Secretary of State in implementing any electronic signature processes and procedures in the court system. We must also coordinate our efforts to implement electronic record maintenance and filing procedures with the Department of Revenue, given that such procedures could well have an impact on that Department’s responsibilities of overseeing the collection of child support. In sum, we must cooperate fully with the legislative and executive branches in developing rules to govern the use of this new technology.

Specifically, we find that the implementation of any electronic record filing system must: (1) provide to users in the legal community and the public generally the same or greater access to court records as currently exists in the court system; (2) be compatible with all court entities and with all other governmental entities that require access to court records; and (3) be cost effective not only for the court entities implementing the technology but also for the users of the technology. Care must be taken to ensure that the implementation of new technology will not be more burdensome or costly or provide less information than systems currently being used.

With this background in mind, we turn to the proposed rules at issue. Numerous concerns were raised in 1993, when earlier versions of the . rules at issue were originally proposed. At that time, a number of comments were received regarding the proposals. After review, this Court unanimously agreed to remand the proposed rule amendments to the Committee for further consideration. In May of this year, the Committee filed the instant petition to amend rules 2.060, 2.075, and 2.090 with respect to the electronic transmission and filing of documents. The proposed amendments were properly published and responses have been received. In summary, the Committee proposes to amend the rules as follows.

Proposed rule 2.090 would completely replace existing rule 2.090 and would:

(1) provide a broad definition for electronic transmission of documents in an attempt to address current and future methods of transmission;

(2) make reception of electronic transmission by clerks optional;

(3) provide that reception of a document must be in a medium that allows retention of the document, i.e., must be transformed onto paper or be in a form capable of being reproduced on paper on demand;

(4) provide that no original paper document need be filed as a follow-up to an electronically-filed document unless required by general law (such as a will);

(5) provide that appellate courts will not be required to accept electronically filed documents or electronic records from lower courts until they are able to do so;

(6) provide that documents may be accepted without original signatures given that the documents will be received via electronic transmission;

(7) provide that clerks may transform previously filed paper documents into electronic records;

(8) provide, consistent with section 28.30, Florida Statutes (1995), that any electronically recorded document is to be treated as an original and may be certified as such;

[701]*701(9) provide that any individual who sends a document to a court electronically must retain the original document until the litigation is concluded to enable verification of such things as original signatures should the need arise;

(10) authorize courts to send as well as receive documents electronically;

(11) provide that any difficulties encountered in the transmission of documents are the responsibility of the sender;

(12) set hours for receiving documents electronically;

(13) provide that clerks opting to accept documents electronically need not accept any document over ten pages in length via electronic transmission;

(14) prohibit charging a fee for receipt of electronically submitted documents given that no law authorizes such a fee; and

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Bluebook (online)
681 So. 2d 698, 21 Fla. L. Weekly Supp. 403, 1996 Fla. LEXIS 1632, 1996 WL 547188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amendments-to-the-rules-of-judicial-administration-fla-1996.