As we previously announced in our September 25 newsletter, the portal now provides an  e-service feature.  During the recent portal webex training reviewing the functionality of e-service, the question was raised by an attorney whether or not e-service on the portal met the all of the requirements of Fla. R. Jud. Admin. 2.516.  The question was raised to the presenter, who is not an attorney and could not provide legal advice; therefore, her response was that, in an abundance of caution, you could continue to provide service outside of the portal.  This left a cloud on the issue and caused concern among other attorneys that, in using the portal, they may not have perfected good service.

First, it was clearly the intent of the Florida Courts E-Filing Authority Board and the courts that the portal would provide e-service that would meet all of the requirements of the rule.   The courts and the Florida Courts Technology Commission have been involved in the development and review of the e-service feature.  Accordingly, clarification is being sought from the Florida Supreme Court on this point and, hopefully, guidance as to the rule's intent will be provided in the very near future.  

Until then, you will need to make a decision for yourself about whether e-service provided on the portal meets the requirements of Fla. R. Jud. Admin. 2.516.  E-service is available on the portal for you to use by itself, or in conjunction with an email that you send.

I'll keep you posted as to new developments.