IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA ADMINISTRATIVE ORDER NO PA/PI-CIR

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1 IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA ADMINISTRATIVE ORDER NO PA/PI-CIR RE: E-FILING IN THE CRIMINAL DIVISIONS PASCO AND PINELLAS COUNTIES The Florida Supreme Court previously established October 1, 2013, as the date for mandatory e-filing in the criminal division. See In re Amendments to the Florida Rules of Civil Procedure, et al, - Electronic Filing, 102 So. 3d 451 (Fla. 2012). On September 27, 2013, the Chief Justice of the Florida Supreme Court issued Administrative Order AOSC In that Order the Chief Justice delayed the effective date of criminal e-filing in several counties, including both Pasco and Pinellas Counties. That Administrative Order provides that e-filing in the criminal division in Pasco and Pinellas Counties, and a few other counties, is not being implemented until further order of the Florida Supreme Court. The delayed effective date was requested by the State Attorney, Public Defender, and the Court. These requests were made because the Sixth Circuit is undergoing an historic transition from the Consolidated Justice Information System (CJIS), a docketing system which has been in use for over 30 years to a new case management system. Pinellas County is implementing the Odyssey product from Tyler Technologies. Pasco County is implementing the CLERICUS product developed by the Florida Court Clerks and Comptrollers Association. These case management systems are designed to receive electronically filed court documents. It would be a better use of taxpayer resources to delay implementation of e-filing in the criminal division until the case management systems necessary for the Court and the public entities that use the criminal system are in place. E-filing in the criminal division includes county criminal, criminal traffic, circuit criminal, and criminal appeals from county court to circuit court. For purposes of e-filing, it also includes delinquency, families and children in need of services, dependency, termination of parental rights, proceedings to waive parental notification of abortion, proceedings under the Baker Act, Chapter 394, Part I, and the Involuntary Commitment of Sexually Violent Predators, Ch. 394, Part V. E-filing in each of these case types has been postponed. The Clerks of the Circuit Court are eager to begin e- filing. However, the Court is concerned that electronically filed court records be maintained in a manner that provides the Court s records in a searchable format, and in format that facilitates electronic court processes. It is also important that the records be filed and maintained in a manner that allows the State Attorney and Public Defender to manage the volume of cases that those offices handle. It is important to the State Attorney that batch filing of new criminal cases be available when e-filing is required. Also, e-filing is only one step in managing electronic court records and electronic court processes. The Court is in the process of obtaining the Judicial Application Workflow System (JAWS), a product developed in the Thirteenth Judicial Circuit to manage its records. The Court must proceed carefully to ensure that the transition to electronic court records and electronic court processes does not have a negative impact on the operations of the Court or the public s access to the Court and its records. Until the Court has obtained and implemented this system so it can conduct its work efficiently and effectively using electronic records, the Court will continue conducting court business in the customary manner with paper files until phased out.

2 In AOSC13-48, the Chief Justice requires a joint report by November 15, 2013, between the Chief Judge and the Clerk of the Circuit Court in each county. The joint report must address the status of the effort to implement e-filing in the criminal divisions in each county. In order to plan for the implementation of e-filing in the criminal divisions in Pasco and Pinellas Counties, and in accordance with Article V, 2, Florida Constitution, Rules of Judicial Administration and 2.525, and section 43.26, Florida Statutes, it is ORDERED: DIRECTIONS TO THE CLERK 1. Because Supreme Court Administrative Order AOSC13-48 does not allow for voluntary e- filing in Pasco and Pinellas Counties, until further order of this Court or the Florida Supreme Court, the Pasco and Pinellas Clerks of the Circuit Court are not to accept e-filing in any criminal case. For purposes of this Administrative Order, this includes: a. County Criminal, b. Criminal and Civil Traffic, except as provided below, c. Circuit Criminal, d. Delinquency, including CINS/FINS, e. Dependency, including Termination of Parental Rights, f. Proceedings to Waive Parental Notification of Abortion, g. Baker Act, Chapter 394, Part I, h. Involuntary Commitment of Sexually Violent Predators, Ch. 394, Part V, and i. Criminal Appeals from County Court to Circuit Court. Effective nunc pro tunc October 1, 2013, the Clerk of the Circuit Court in Pinellas County (Pinellas Clerk) is authorized to accept e-filing in civil traffic cases in existing cases from private attorneys. The Pinellas Clerk may only accept such filings made through the Florida Courts E-filing Portal and must receive documents from the E-Filing Portal in a searchable PDF format. 2. Supreme Court Administrative Order AOSC13-48 requires the Pinellas Clerk and the Court to submit a joint report to the Florida Supreme Court no later than November 15, In order to have time to collaborate on a joint report and meet the Supreme Court deadline, the Pinellas Clerk must provide a draft report to the Court no later than November 1, 2013 so that a final joint report can be timely submitted. The draft report must address: a. A recommendation to include voluntary e-filing by private attorneys in some criminal cases. The Pinellas Clerk should identify the proposed date and case type to begin testing criminal e-filing by private attorneys. If the Pinellas Clerk chooses to do such testing, the Pinellas Clerk will be required to receive the e-filed documents from the E-Filing Portal in a searchable PDF format and will also be required to provide paper files at the Clerk s expense until further order of the Court. b. A recommendation regarding possible suspension of e-service requirements in criminal cases until e-filing is completely implemented. c. The history of the development of Odyssey in Pinellas County for use in each criminal division as defined in 1(a) (i). 2

3 d. The date the Odyssey system is expected to be fully ready to accept e-filed documents in the criminal division as defined in 1(a)-(i). e. The steps that the Pinellas Clerk is taking in conjunction with Pinellas County Business Technology Services and the CJIS Board to ensure that Odyssey will be available on the anticipated date. f. The searchable format in which the Court s electronic records will be maintained in Odyssey. g. The anticipated date for full implementation of criminal e-filing (as defined in 1(a)- (i)) by the State Attorney, Public Defender, Regional Counsel, and private attorneys, including batch filing by the State Attorney. 3. Supreme Court Administrative Order AOSC13-48 requires the Pasco Clerk and the Court to submit a joint report to the Florida Supreme Court no later than November 15, In order to have time to collaborate on a joint report and meet the Supreme Court deadline, the Pasco Clerk must provide a draft report to the Court no later than November 1, 2013 so that a final joint report can be timely submitted. The draft report must address: a. A recommendation to include voluntary e-filing by private attorneys in some criminal cases. The Pasco Clerk should identify the proposed date and case type to begin testing criminal e-filing by private attorneys. If the Pasco Clerk chooses to do such testing, the Pasco Clerk will be required to receive the e-filed documents from the E-Filing Portal in a searchable PDF format and will also be required to provide paper files at the Clerk s expense until further order of the Court. b. A recommendation regarding possible suspension of e-service requirements in criminal cases until e-filing is completely implemented. c. The history of the development of the CLERICUS system in Pasco County for use in each criminal division as defined in 1(a) (i). d. The date the CLERICUS system is expected to be fully ready to accept e-filed documents in the criminal division as defined in 1(a)-(i). e. The steps that the Clerk is taking to ensure that the CLERICUS system will be available on the anticipated date. f. The searchable format in which the Court s electronic records will be maintained in CLERICUS. g. The anticipated date for full implementation of criminal e-filing (as defined in 1(a)- (i)) by the State Attorney, Public Defender, Regional Counsel, and private attorneys, including batch filing by the State Attorney. 4. Notwithstanding any other section of this Administrative Order, until further Order of the Court, any document that initiates a criminal case may be submitted in paper to the appropriate Clerk of the Circuit Court or submitted through an existing local electronic system by either law enforcement or the State Attorney. See In Re: Electronic Filing in the State Courts System via the Florida Courts E-Filing Portal, AOSC13-12 (Mar. 25, 2013). 3

4 DIRECTIONS TO ATTORNEYS 5. Until further order of this Court or the Florida Supreme Court, attorneys are not permitted to electronically file pleadings and papers in new and existing criminal cases in Pasco or Pinellas Counties, including: a. County Criminal, b. Criminal and Civil Traffic, except as provided below, c. Circuit Criminal, d. Delinquency, including CINS/FINS, e. Dependency, including Termination of Parental Rights, f. Proceedings to Waive Parental Notification of Abortion, g. Baker Act, Chapter 394, Part I, h. Involuntary Commitment of Sexually Violent Predators, Ch. 394, Part V, and i. Criminal Appeals from County Court to Circuit Court. In Pinellas County, attorneys are permitted to file pleadings and papers in existing civil traffic infraction cases provided such filings are made through the Florida Courts E-filing Portal. Original documents are not to be filed with the Clerk when the filing has been made electronically. 6. Criminal attorneys are encouraged to register with the Florida Courts E-Filing Portal at so that they will ready to submit pleadings and papers through the E-Filing Portal when criminal e-filing is available in Pasco and Pinellas Counties. OTHER MATTERS 7. E-filing in the probate division in Pasco County will continue as provided in Administrative Order as modified by Supreme Court Administrative Order AOSC E-filing in the probate division in Pinellas County will continue as provided in Administrative Order E-filing in county civil, county small claims, circuit civil, circuit civil appeals, and family law (excluding dependency) will continue as provided in Administrative Orders , , , and DONE AND ORDERED in Chambers, Clearwater, Pinellas County, Florida this day of October ORIGINAL SIGNED ON OCTOBER 29, 2013 BY J. THOMAS MCGRADY, CHIEF JUDGE 4

5 cc: All Judges The Honorable Lisa Munyon, Chair, Florida Courts Technology Commission The Honorable Bernie McCabe, State Attorney The Honorable Bob Dillinger, Public Defender The Honorable Paula S. O Neil, Clerk of the Circuit Court, Pasco County The Honorable Ken Burke, Clerk of the Circuit Court, Pinellas County The Honorable Chris Nocco, Sheriff, Pasco County The Honorable Bob Gualtieri, Sheriff, Pinellas County Gay Inskeep, Trial Courts Administrator Ngozi Acholonu, Assistant Regional Counsel Kim Collins, Pasco County Clerk s Office Myriam Irizarry, Chief Deputy Director, Pinellas County Clerk s Office Jim Russell, BTS Interim Executive Director Tonya Rainwater, Justice CCMS Project Sponsor Ed Hansen, CJIS Coordinator Bar Associations, Pasco and Pinellas Counties Law Libraries, Pasco and Pinellas Counties 5