Rule 8.004. ELECTRONIC FILING

RULE 8.004. ELECTRONIC FILING

(a)

All documents that are court records, as defined in Florida Rule of

Judicial Administration 2.430(a)(1), are to be filed by electronic transmission,

consistent with the requirements of Florida Rule of Judicial Administration 2.525,

provided that:

(1)

the clerk has the ability to accept and retain such documents;

(2)

the clerk or the chief judge of the circuit has requested

permission to accept documents filed by electronic transmission; and

(3)

the supreme court has entered an order granting permission to

the clerk to accept documents filed by electronic transmission.

(b)

All documents filed by electronic transmission under this rule satisfy

any requirement for the filing of an original, except where the court, law, or these

rules otherwise provide for the submittal of an original.

(c)

The following paper documents or other submissions may be

manually submitted to the clerk for filing under the following circumstances:

(1)

when the clerk does not have the ability to accept and retain

documents by electronic filing or has not had electronic court filing procedures

(ECF Procedures) approved by the supreme court;

(2)

by any self-represented party or any self-represented nonparty

unless specific ECF Procedures provide a means to file documents electronically.

However, any self-represented nonparty that is a governmental or public agency

and any other agency, partnership, corporation, or business entity acting on behalf

of any governmental or public agency may file documents by electronic

transmission if such entity has the capability of filing documents electronically;

(3)

by attorneys excused from e-mail service pursuant to these rules

or Florida Rule of Judicial Administration 2.516;

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(4)

when submitting evidentiary exhibits or filing non-documentary

materials;

rporation, or business entity acting on behalf

of any governmental or public agency may file documents by electronic

transmission if such entity has the capability of filing documents electronically;

(3)

by attorneys excused from e-mail service pursuant to these rules

or Florida Rule of Judicial Administration 2.516;

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(4)

when submitting evidentiary exhibits or filing non-documentary

materials;

(5)

when the filing involves documents in excess of 25 megabytes

(25 MB) in size. For such filings, documents may be transmitted using an

electronic storage medium that the clerk has the ability to accept, which may

include a CD-ROM, flash drive, or similar storage medium;

(6)

when filed in open court, as permitted by the court;

(7)

when paper filing is permitted by any approved statewide or

local ECF procedures; and

(8)

if any court determines that justice so requires.

(d)

The filing date for an electronically transmitted document is the date

and time that such filing is acknowledged by an electronic stamp, or otherwise,

pursuant to any procedure set forth in any electronic court filing procedures (ECF

Procedures) approved by the supreme court, or the date the last page of such filing

is received by the court or clerk.

(e)

Where these rules are silent, Florida Rule of Judicial Administration

2.525 controls.

(f)

Electronic transmission may be used by a court for the service of all

orders, pursuant to Florida Rule of Judicial Administration 2.516, and for the

service of filings pursuant to any ECF Procedures, provided the clerk, together

with input from the chief judge of the circuit, has obtained approval from the

supreme court of ECF Procedures containing the specific procedures and program

to be used in transmitting the orders and filings.

Editor’s Note

On October 18, 2012, the Supreme Court of Florida issued a revised opinion

in case number SC11-399, which was originally issued on June 21, 2012. See In re

Amendments to the Florida Rules of Judicial Administration, 102 So. 3d 451 (Fla.

2012)

oval from the

supreme court of ECF Procedures containing the specific procedures and program

to be used in transmitting the orders and filings.

Editor’s Note

On October 18, 2012, the Supreme Court of Florida issued a revised opinion

in case number SC11-399, which was originally issued on June 21, 2012. See In re

Amendments to the Florida Rules of Judicial Administration, 102 So. 3d 451 (Fla.

2012). The opinion provides in relevant part:

“First, the new electronic filing requirements the Courts adopts will become

effective in the civil, probate, small claims, and family law divisions of the trial

courts, as well as for appeals to the circuit courts in these categories of cases, on

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April 1, 2013, at 12:01 a.m., except as may be otherwise provided by

administrative order. Electronic filing will be mandatory in these divisions

pursuant to rule 2.525 on that date. However, until the new rules take effect in

these divisions, any clerk who is already accepting documents filed by electronic

transmission under the current rules should continue to do so; attorneys in these

counties are encouraged to file documents electronically under the current rules.

“Next, the new electronic filing requirements the Court adopts will become

effective in the criminal, traffic, and juvenile divisions of the trial courts, as well as

for appeals to the circuit court in these categories of cases, on October 1, 2013, at

12:01 a.m., except as may be otherwise provided by administrative order.

Electronic filing will be mandatory in these divisions under rule 2.525 on that date.

The new e-filing requirements, as they apply in proceedings brought pursuant to

the Florida Mental Health Act (Baker Act), Chapter 394, Part I, Florida Statutes,

and the Involuntary Commitment of Sexually Violent Predators Act (Jimmy Ryce),

Chapter 394, Part V, Florida Statutes, will also not be mandatory in these cases

until October 1, 2013

datory in these divisions under rule 2.525 on that date.

The new e-filing requirements, as they apply in proceedings brought pursuant to

the Florida Mental Health Act (Baker Act), Chapter 394, Part I, Florida Statutes,

and the Involuntary Commitment of Sexually Violent Predators Act (Jimmy Ryce),

Chapter 394, Part V, Florida Statutes, will also not be mandatory in these cases

until October 1, 2013. As stated above, until the new rules take effect in these

divisions and proceedings, any clerk who is already accepting electronically filed

documents under the current rules should continue to do so; attorneys are again

encouraged to utilize existing electronic filing procedures under the current rules.

“However, until the new rules and procedures take effect in the district

courts, any clerk who is already accepting documents filed by electronic

transmission may continue to do so; attorneys in these districts are encouraged to

file documents electronically. Clerks will not be required to electronically transmit

the record on appeal until July 1, 2013, at 12:01 a.m. Until July 1, we encourage

clerks, whenever possible, to electronically transmit the record under the new rules

and requirements.

“(W)e note that, in all types of cases, pursuant to amended rule 2.525(d)

self-represented parties and self-represented nonparties, including nonparty

governmental or public agencies, and attorneys excused from e-mail service under

Florida Rule of Judicial Administration 2.516 will be permitted, but nor required,

to file documents electronically.

By order of November 28, 2012, in case number SC11-399, the Court

released a revised implementation schedule, which provides, in pertinent part:

“The e-filing rules adopted in the October 2012 opinion will be mandatory in this

(Supreme) Court on February 27, 2013, at 12:01 a.m.; and effective earlier on a

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voluntary basis as will be indicated by further administrative order of the chief

justice

By order of November 28, 2012, in case number SC11-399, the Court

released a revised implementation schedule, which provides, in pertinent part:

“The e-filing rules adopted in the October 2012 opinion will be mandatory in this

(Supreme) Court on February 27, 2013, at 12:01 a.m.; and effective earlier on a

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voluntary basis as will be indicated by further administrative order of the chief

justice.

“Thereafter, the e-filing rules will be mandatory in the Second District Court

of Appeal on July 22, 2013, at 12:01 a.m.; in the Third District Court of Appeal on

September 27, 2013, at 12:01 a.m.; in the Fourth District Court of Appeal on

October 31, 2013, at 12:01 a.m.; in the Fifth District Court of Appeal on November

27, 2013 at 12:01 a.m.; and in the First District Court of Appeal on December 27,

2013, at 12:01 a.m., unless made mandatory earlier by the chief judge of the

applicable district court of appeal. The e-filing rules will be effective earlier on a

voluntary trial basis in the district courts of appeal as will be indicated by further

administrative order by the chief judge of the applicable district court.”

PART II.

DELINQUENCY PROCEEDINGS

A.

PRELIMINARY PROCEEDINGS