In This Issue
Quick Links





Need a Speaker?
Clerk Inzer and his team are available to speak to your organization on a variety of topics.  Contact us at clerk_public@leoncountyfl.gov if you'd like to schedule a date and time.

August 25, 2016
An Honor and a Privilege
 
With the primary election only a week away, it is finally hitting me that my time as your Clerk & Comptroller is about over. It has been my pleasure to serve you and I sincerely hope that the services we've given you have been, at a minimum, satisfactory.

I've been involved in a technological revolution in the courts for the past nearly sixteen years. We've gone from our lobbies being full of attorneys and law firm runners filing cases, motions and official records to where I seldom see or hear from you anymore. Sixteen years ago our court functions were housed in eight different locations on three different floors in the courthouse and two floors at the Thomasville Road Annex.  Today we have a single, one-stop location on the first floor of the courthouse plus a payment facility near the intersection of Thomasville Road and Interstate 10.

As a Board Member of the Florida Courts E-Filing Authority, we've allowed you to work later hours and still get your filings in on time. Hopefully, the improvement in services and administrative functions along with other enhanced functionalities have made your work easier and more efficient.

We've put all of the cases online and allowed access through a free subscription website to all of the information you need to manage your case load, including images. We've enhanced file security to ensure that confidential information is not accessible except by those with authorized access.

We have greatly expanded our citizen and pro se services. In conjunction with Legal Services of North Florida and the judiciary in the 2nd circuit, we continue to hold small claims clinics and recently added a family law clinic for pro se filers. We continue to post information on our website to inform the public of processes, increasing their comfort level with the judicial experience. Most recently, we've provided a chat function for traffic and small claims cases.



We've done much, and there is much more to do. Many of you have heard me say before that I'm blessed with an amazing staff.  On my first day as Clerk & Comptroller in January 2001, there were 205 employees. Beginning the first of October 2016, we will be down to 140 employees. We are serving more judges and providing more services while enhancing the quality and timeliness of the services we provide.  Given our inability to give raises and the elimination of higher level positions as they have become open, we are struggling to keep our quality staff.  Our turnover rate this year is at 30 percent. That is unhealthy, and the inability to deliver a convincing message to the Legislature is my biggest failure. I'm hoping your next Clerk & Comptroller will have more success.

Remember to exercise your Constitutional right to vote. The ballot is crowded and the Clerk & Comptroller position is down ballot where many people get confused and elect not to vote. As direct recipients of our services, I'm sure you know the importance of this election. Take some time to study the candidates and make sure you are electing someone with the skills, knowledge and experience to move the office forward.

Thank you again, for giving me the opportunity to serve you. I'll be working until January 3rd. So if you are ever in the courthouse, drop by and say hello.

Sincerely,
Bob Inzer Signature
Bob Inzer, Clerk & Comptroller
Serving the Citizens of Leon County

New Case About eFiled Documents Legal Documents
 
In SC11-399, amended October 18, 2012, the Florida Supreme Court mandated that attorneys efile documents in all civil cases by April 1, 2013 and in all criminal cases by October 1, 2013. While this transition has gone very well, we still receive paper filings from some attorneys. While Fla. R. Jud. Admin. 2.520(f) states that the clerk may not "refuse to file any document because of noncompliance" with the efiling rule, a recent case from the District Court of Appeal (DCA), Fourth District, has made clear that attorneys should follow the Florida Supreme Court mandate.

In United Bank v. Estate of Edward G. Frazee, Case # 4D15-826 (Fla. 4th DCA July 13, 2016), the bank's deadline to file a claim against the estate was
May 15, 2013. On May 10, 2013, counsel mailed two documents to the clerk, who received them on May 14, 2013. On May 23, 2013, the clerk notified counsel that he should have efiled these documents. Counsel submitted the documents electronically that day, but submitted them as one document and was required to refile. Counsel correctly efiled the documents the next day, and on June 22, 2013, the documents were accepted as filed, listing a filed date of May 23, 2013. Over a year later, counsel moved to have the court declare the efilings as timely filed. The court struck the pleadings as untimely filed, noting that they should have been efiled by the deadline.

The Fourth DCA noted that Rule 2.525 requires all documents to be efiled electronically by attorneys and lists eight exceptions to the requirement. The court noted that the bank essentially asked for another exception, to allow everyone to file paper as long as they later resubmitted the filing electronically, and refused to accept that argument. The court also noted that the rule does "not contemplate that a clerk must accept for filing paper documents other than those within the exceptions of Rule 2.525(d). To allow this would compel the clerk to convert these documents to electronic records, even though the clerk's duty is limited to converting only those paper documents which fall under exceptions to the electronic filing rule."

Attorney efilers should review this case and make sure they are following the rules of court. As we receive paper filings from attorneys, we will attempt additional reminders of the Florida Supreme Court mandate.
Paperless Court Efforts in Leon County

Those of you who practice in county court probably noticed a significant change on July 1 when county court went paperless. The judges are now using their judicial viewer aiSmartBench, and my office is no longer bringing files to court, printing efilings from the portal, or creating paper files for cases. The county court paperless committee has worked hard to address issues as they arise and continues to work on more paperless initiatives.
It's been a pretty smooth transition and the new efficiency will help over time with the budget and staffing issues with which Clerks' offices statewide continue to grapple.
 
Another important date on the horizon is October 1, when circuit court will go paperless. This transition involves many more processes and judges than county court. Given that we no longer have to print and file all of your electronic pleadings in county court, we have already reduced staffing in Central Filing with the balance of the staff to be reduced by October 1. We appreciate the judiciary working with us as we use these savings to offset the reductions in this and next year's budgets.

Questions-Comments
This newsletter is published to help keep you informed of current events impacting the clerks' offices that affect you.  If you have a particular topic you'd like to see addressed in this newsletter, please email us at clerk_public@leoncountyfl.gov and let us know.