Update - it appears that this order applies primarily to formatting of official records. And the only change for now seems to be the 1" margin requirement and page numbering.
Pro Se Litigants and Document Preparers:
The following Clerk Alert was sent out by the Palm Beach Clerks to the legal community to let people know about changes that will soon take effect. At the moment it is not entirely clear whether all counties will be strictly adhering to this order. I called the Pro Se Help Desk in Sarasota County and the representative was not aware of new formatting requirements, even after he conferred with his supervisor. However, my associate in Palm Beach County who first brought this to my attention was told by the clerk's office that in Palm Beach County the new formatting requirements apply to all documents filed in that circuit.
This has potential to be a huge ongoing mess. The Supreme Court published new family law forms [Financial Affidavits and Petition for Simplified Dissolution] which are also effective on 1/1/15, but they are not formatted according to the new requirements. So which is it?
The first line of the appendix to the order below, states "Electronic Filing Mandatory". As far as I know, electronic filing is not mandatory for pro se litigants. So does that mean that these format changes do not apply to pro se litigants?
The appendix to the order posted below, paragraph (1) states that it applies to official documents. Are pleadings like petitions and motions official documents? I don't think so.
The new formatting requirements seem to require that every document filed needs to have the 3"x 3" square at the top right blank, the space to be reserved for the clerk's stamp. This format is required in probate forms and has been for some time. Also the new formatting requires a 1"x 3" square to be left blank in subsequent pages in the same document.
A 1" margin on all sides is to be left blank.
Pages are to be numbered consecutively, centered at the bottom of the page: Page 1; Page 2; etc.
Document preparers please check with your local clerk of courts to find out how they are handling these formatting changes. Consumers and pro se litigants, please be aware of these changes and know that, unfortunately, the changes were not made with you in mind.
Supreme
Court of
Florida
____________
No.
SC14-721
____________
IN RE: AMENDMENTS TO
FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.520.
[November 26, 2014]
PER CURIAM.
We have for consideration an
out-of-cycle report proposing amendments to Florida Rule of Judicial
Administration 2.520 (Documents) filed by The Florida Bar’s Rules
of Judicial Administration Committee (Committee). See Fla. R. Jud.
Admin. 2.140(e). We have jurisdiction and adopt these
noncontroversial amendments as proposed.
BACKGROUND
According to the Committee’s report,
the more significant amendments address format requirements for paper
documents filed with the court and the use of margins by the clerks
of court, which are issues of great concern to the clerks.
The proposed amendments were approved
by the Committee by a vote of 36-1 and were unanimously approved by
the Board of Governors of The Florida Bar. The Committee did not
publish the proposals before filing them with the Court. The Court
published the proposals for comment after they were filed. But, no
comments were filed.
AMENDMENTS
The more significant amendments are to
subdivisions (b) (Type and Size) and (d) (Recording Space) of the
rule. In order to make it easier for clerks to scan paper documents,
subdivision (b) is amended, as proposed, to require paper documents
filed with the court to be legibly typewritten or printed, on only
one side of letter-sized white recycled paper with one-inch margins
and consecutively numbered pages. Subdivision (b) also is amended, as
proposed, to clarify that all documents electronically filed must be
filed in a format capable of being electronically searched consistent
with state and federal accessibility requirements. Subdivision (d)
(Recording Space) is amended, as proposed, to add a one-inch margin
requirement and format, location, and font-size requirements for the
date and time stamp on electronically filed documents.
CONCLUSION
Accordingly, we amend the Florida Rules
of Judicial Administration as reflected in the appendix to this
opinion. New language is indicated by underscoring; deletions are
indicated by struck-through type. The amendments shall become
effective January 1, 2015, at 12:01 a.m.
It is so ordered.
LABARGA, C.J., and PARIENTE, LEWIS,
QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.
APPENDIX
RULE 2.520. DOCUMENTS
(a) Electronic Filing Mandatory. All
documents filed in any court shall be filed by electronic
transmission in accordance with rule 2.525. “Documents” means
pleadings, motions, petitions, memoranda, briefs, notices, exhibits,
declarations, affidavits, orders, judgments, decrees, writs,
opinions, and any other paper or writing submitted to a court. (b)
Type and Size. Documents subject to the exceptions set forth in rule
2.525(d) shall be legibly typewritten or printed, on only one side of
letter sized (8 1/2 by 11 inch) white recycled paper with one inch
margins and consecutively
numbered pages filed on recycled paper
measuring 8 ½ X 11 inches. For purposes of this rule, paper is
recycled if it contains a minimum content of 50 percent waste paper.
Xerographic Reduction of legal-size (8 1/2 by 14 inches) documents to
letter size (8 1/2 by 11 inches) is prohibited. All other documents
filed by electronic transmission shall comply with rule 2.526 and be
filed in a format
capable of being electronically
searched and printed in a format consistent with the
provisions of this rule. (c) Exhibits.
Any exhibit or attachment filed with pleadings or papers to
any document may be filed in its
original size. (d) Recording Space and Space for Date and Time
Stamps.
(1) On all papers and documents
prepared and filed by the court or by any party to a proceeding which
are to be recorded in the public records of any county, including but
not limited to final money judgments and notices of lis pendens, a
3-inch by 3-inch space at the top right-hand corner on the first page
and a 1-inch by 3-inch space at the top right-hand corner on each
subsequent page shall be left blank and reserved for use by the clerk
of court.
(2) On all documents filed with the
court, a 1-inch margin on all sides must be left blank for date and
time stamps.
(A) Format. Date and time stamp formats
must include a single line detailing the name of the court or Portal
and shall not include clerk seals. Date stamps must be eight
numerical digits separated by slashes with two digits for the month,
two digits for the date, and four digits for the year. Time - 5 -
stamps must be formatted in twelve hour time frames with a.m. or p.m.
included. The font size and type must meet the Americans with
Disabilities Act requirements.
(B) Location. The Portal stamp shall be
on the top left of the document. The Florida Supreme Court and
district courts of appeal stamps shall be on the left margin
horizontally. Any administrative agency stamp shall be on the right
margin horizontally. The clerk’s stamp for circuit and county
courts shall
be on the bottom of the document.
(e) Exceptions to Recording Space. Any
papers or documents created by persons or entities over which the
filing party has no control, including but not limited to wills,
codicils, trusts, or other testamentary documents; documents prepared
or executed by any public officer; documents prepared, executed,
acknowledged, or proved outside of the
State of Florida; or documents created by State or Federal government
agencies, may be filed without the space required by this rule.
(f) Noncompliance. No clerk of court
shall refuse for filing to file any document or paper because of
noncompliance with this rule. However, upon request of the clerk of
court, noncomplying documents shall be resubmitted in accordance with
this rule.
