IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT

IN AND FOR POLK COUNTY, FLORIDA

ADMINISTRATIVE ORDER NO. 1-35.0

IN RE: INTERNET ACCESS TO COURT FILES BY ATTORNEYS

WHEREAS, the Clerk of the Circuit Court ("Clerk") is the custodian of court records pursuant to Article V, Section 16, of the Florida Constitution; and

WHEREAS, the Clerk has successfully implemented advanced technology providing secured internet access to digital images of court records pursuant to certain limited and controlled criteria; and

WHEREAS, it is legally required and essential for the efficient administration of justice that attorneys have access to court records in order to discharge their responsibilities and represent their clients; and

WHEREAS, attorneys admitted to practice in the State of Florida are deemed officers and agents of the Court and as such are bound to all rules and regulations attendant thereto; and

WHEREAS, the Florida Supreme Court in AOSC03-49 provides that court records may be transmitted in electronic form to an "…agent authorized by law, court, rule, or court order…"; it is therefore ORDERED that

Only attorneys who are members in good standing of the Florida Bar shall be authorized to enter into a contractual agreement with the Clerk to obtain electronic access to digital images of civil court records via a secure access website.

Said agreement shall provide that each user will have a unique and secure password and shall further provide that each user is responsible for ensuring that its location or its terminal is not used by any unauthorized user to gain access to the Clerk’s website.

Said agreement shall further provide that each user will take all necessary precautions to maintain the security and integrity of the data contained on the Clerk’s website.

Nothing in this order shall be interpreted to prohibit any person from having access to any court file that is a public record in accordance with Florida Rule of Judicial Administration 2.051 or Chapter 119, Florida Statutes.

This administrative order shall be effective January 1, 2004.

DONE AND ORDERED this 5th day of December 2004.

RONALD A. HERRING