Administrative Order Viewer

In the Circuit Court of the Twelfth Judicial Circuit in and for
DeSoto, Manatee, and Sarasota Counties, Florida

Administrative Order No.: 2022–1.2

(Rescinds and replaces 2015–9.2)

In 2015, this court entered Administrative Order 2015-9.2, which banned the electronic E-Filing of proposed orders through the statewide Portal, with limited exceptions, because unsigned proposed orders were being E-Filed directly into court files.

Since then, the Portal has improved its functionality and filers are now able to submit proposed documents ^[1] through the Portal directly to the presiding judge without being filed in the court file. These documents are for judicial review only and are not made part of the official court file unless also filed with the Clerk.

Additionally, the Florida Supreme Court entered AOSC19-74, In Re: Judicial Electronic Filing on November 1, 2019, which encourages the submission of proposed orders through the Portal directly to judges via a judicial viewer. Moreover, it requires judges to electronically sign orders and file them through the Portal or directly to the clerk’s case maintenance system when the judicial viewers are available, fully operational and integrated with the Portal to receive proposed orders and file electronically signed orders.

It is necessary and appropriate to rescind and replace Administrative Order 2015-9.2 to reflect the improved functionality and capabilities of E-Filing proposed orders in the Portal and comply with AOSC19-74.

By the power vested in the chief judge under Article V, section 2(d) of the Florida Constitution; section 43.26, Florida Statutes; and Rule 2.215(b), Florida Rules of General Practice and Judicial Administration, it is therefore Ordered and Adjudged as follows:

1. All Judges and magistrates in the Twelfth Judicial Circuit can accept proposed orders submitted electronically through the Portal for review and signature without the proposed orders being filed directly into the court file.
2. Judges and magistrates are encouraged to establish requirements and procedures for receiving proposed orders through the Portal. If a Judge’s Requirements or Magistrate’s Requirements do not specifically address proposed orders, the default is that all proposed orders shall be submitted electronically to the judge or magistrate through the Portal.
3. Parties and attorneys shall follow the Judges’ Requirements for proposed orders as posted on the Twelfth Judicial Circuit website (www.jud12.flcourts.org ).
4. To allow everyone adequate transition time, the court is allowing a three-month grace period before requiring that attorneys submit proposed orders electronically through the Portal whenever feasible.
5. Pro se litigants are encouraged, but not required, to submit proposed orders through the Portal. Pro se litigants are required to provide an email address pursuant to Rule 2.516, Florida Rule of General Practice and Judicial Administration, to receive signed orders electronically.
6. Attorneys are advised that effective May 2, 2022, unless good cause is shown, proposed orders are required to be submitted to the judges and magistrates electronically as “proposed documents” through the Portal whenever feasible. This requirement does not apply to paper proposed orders provided to a judge during a court proceeding.

Requirements for Submitting Proposed Orders Through the Portal

7. Proposed Orders submitted through the “Proposed Documents” feature of the Portal are electronically transmitted to the appropriate judge or magistrate.
8. Proposed orders submitted to a judge or magistrate will not be filed in the court file.
9. The proposed order must be submitted electronically through the Portal in Word (.docx) format. If not submitted in Word format, it will be rejected.
10. Proposed orders should conclude with the following language: “DONE AND ORDERED in Chambers, (insert name) County, Florida.” Do not include a date; the date is included with the judge’s electronic signature. Please leave adequate room in the document for the judge’s electronic signature.
11. Cover letters must be submitted through the Portal in PDF/A format.
12. All proposed orders submitted through the Portal to judges and magistrates in Sarasota County require a cover letter. If a cover letter is not included, it will be rejected.
13. Any ancillary documents related to the proposed order (copy of the motion, case law, legal memorandums, etc.) may be attached to the cover letter in PDF/A format.
14. Motions and proposed orders must be submitted through the Portal as separate documents. Combined motion/proposed orders in the same document are not permitted.

Exceptions to Submitting Proposed Orders Through the Portal

15. Pro se litigants are encouraged, but not required, to submit proposed orders through the Portal, however, they are required to provide an email address pursuant to Rule 2.516, Fla. R. Gen. Prac. & Jud. Admin., to receive signed orders electronically.
16. The requirement to submit proposed orders through the Portal does not take away a judge’s right to receive or sign any paper orders provided to him/her at their request or discretion.
17. Because the clerk’s office is required to audit certain Guardianship and Probate matters before proposed orders are entered, the following proposed orders are required to be E-Filed through the Portal to the clerk’s office into the court file:

    1. Guardianship

       • Order Approving Initial Plan
       • Order Approving Annual Plan
       • Order Approving Initial Inventory
       • Order Approving Annual Accounting
       • Order Approving Final Accounting
       • Order of Discharge

    2. Probate

       • Order Admitting Will
       • Order of Discharge
18.  Except for the proposed orders listed above, the Clerks of Court are authorized to enact necessary protocols to reject and return all unsigned orders received via E-Filing that were not properly submitted as Proposed Documents through the Portal.

Paper Proposed Orders and Documents Received by Clerk’s Office

19. The Manatee and Sarasota County Clerks of Court have different mailing addresses and physical addresses than the judges in those counties. If these Clerks receive any paper proposed orders intended for signature by a judge, the Clerks are not responsible for delivery of the proposed orders to the presiding judge. If the Manatee or Sarasota County Clerks receive a proposed order intended for signature by a judge, the Clerk is authorized to reject and destroy the proposed order without notice. The Desoto County Clerk of Court and judges share a mailing address and physical address, so this provision does not apply to Desoto County.
20. Administrative Order 2015-9.2 is rescinded upon the effective date of this order.
21. This order is effective January 24, 2022.

Done and ordered in chambers in Sarasota County, Florida, this 14^th day of January, 2022.

Charles E. Roberts Chief Judge

1. The Portal now refers to “proposed documents” but previously referred to “proposed orders”. For purposes of this Administrative Order, the terms are synonymous.