TBD | Section VIII - Florida Courts Technology Standards
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Florida Courts Technology Standards
Section VIII
General Technology

8.1.0 | ADA AND TECHNOLOGY COMPLIANCE

Accessibility standards for electronic and information technology are covered by federal law, known as Section 508 of the Rehabilitation Act of 1973 (as amended), which lists standards necessary to make electronic and information technology accessible to persons with disabilities. These standards, together with the requirements of the Americans with Disabilities Act and Florida law, must be met. References to these requirements throughout this document will be noted as “Section 508, Florida law and the ADA”.

All technology and information used to support the creation of an electronic case file and to provide access to court records will comply with statutes (federal and state), court rule, Administrative Order issued by the Supreme Court, court technology standards, and the Florida AeIT Bill [Accessible Electronic and Information Technology], s. 282.601-282.606. Fla. Stat.

Additionally, all technology applications submitted for approval include a “Statement of Accessibility/Certification.”

A list of references regarding understanding the requirements of Section 508, Florida law and the ADA can be found in Appendix A to this part.

• Chapters 282.601-282.606, Fla. Stat.– The Florida Accessible Electronic and Information Technology Act

Section 508 of the Rehabilitation Act of 1973 (as amended) – United States Federal Access Board: Electronic & Information Technology Accessibility Standards (http://www.accessboard.gov/gs.htm)

• The Americans with Disabilities Act of 1990 (ADA)

Florida Rules of General Practice and Judicial Administration


Other reference sources of information may include:

• World Wide Web Consortium (W3C) Web Access Initiative Guidelines (http://www.w3.org/)

ADA Best Practices Tool Kit for State and Local Governments – Chapter 5, Website accessibility Under Title II of the ADA:
http://www.ada.gov/pcatoolkit/chap5toolkit.htm

Section 508

Florida Courts Technology Commission (11/20)

8.2.0 | REDACTION AND ADA COMPLIANCE

Redacted copies of electronic court documents are not required to retain the original document intelligence. These copies may be flattened to accommodate existing redaction workflow processes.

Custodians of electronic court documents are not responsible for adding ADA-compliance features to documents that they did not originate. However, custodians are required to follow acceptable ADA practices for access to court documents. Florida Courts Technology Commission (11/20)

8.3.0 | ARCHIVING

Electronic documents shall be archived in a manner that allows for presenting the information in the future without degradation, loss of content, or issues with software compatibility relative to the proper rendering of electronic documents. Florida Courts Technology Commission (11/20)

8.4.0 | ARCHIVAL REQUIREMENTS

Electronic records must be archived in a manner that protects the records from degradation, loss of content, or issues with software compatibility relative to the proper rendering of electronic records and in compliance with applicable law or Supreme Court guidelines. Florida Courts Technology Commission (11/20)

8.5.0 | BACKUP OF ELECTRONIC COURT RECORDS

Electronic court records custodians are responsible for the security, availability, and integrity of electronic court records (images and data) under their care. Custodians shall ensure that:

• Electronic court records in their care are securely backed up and any backup data stored at a third-party location must also be encrypted. The custodian of the electronic court records shall have exclusive access to the encryption key. In instances where vendors are supporting appliances onsite and are required to maintain an encryption key, the custodian will have operational policies and procedures that serve as a control prohibiting vendor access without invitation and monitoring.

• The production data or backup copy will reside in a hardened (CAT 5) facility. If a hardened (CAT 5) facility is unavailable, a tertiary copy (redundant backup) will also be maintained in its own offsite, independent facility. The production electronic court records and at least one copy of the backup(s) shall not be housed in the same building.

• Agreements with third-party offsite vendors acknowledge the confidentiality of electronic court data they store and prohibit data mining and other access/use of the data for any purpose other than to make the data accessible to the custodian.

• All backup copies of court data must be readily available to the custodian for access and restoration.

• Random sample testing is performed annually to verify that data is accessible and recoverable.

• Any known breach, or other malicious events, is reported to the chief judge or his/her designee and the Chief Information Security Officer at the Office of the State Courts Administrator Office of Information Technology as part of the custodian’s Computer Security Incident Response plan.

• All court backup data is stored in the United States.

• Physical and electronic data transfer processes conform to the confidentiality and security guidelines outlined in the Data Exchange Standards.


These standards are minimum standards. If a custodian stores court-related data from another jurisdiction or agency with stricter requirements, the custodian must comply with the stricter standards for that data. Florida Courts Technology Commission (11/20)

8.6.0 | COURT CONTROL OF COURT DOCUMENTS – DATA STORAGE

The production data or backup copy will reside in a hardened (CAT 5) facility. If a hardened (CAT 5) facility is unavailable, a tertiary copy (redundant backup) will also be maintained in its own offsite, independent facility. The production electronic court records and at least one copy of the backup(s) shall not be housed in the same building. All court backup data is stored in the United States. See Section 8.5, Backup of Electronic Court Records Standards for additional information. Florida Courts Technology Commission (11/20)

8.7.0 | DOCUMENT STORAGE FORMAT

Electronic court records custodians are responsible for the storage, processing, and accessibility of electronic court documents. Custodians shall ensure that:

• Electronic documents that are part of a court file (i.e., the record copy) are stored in the PDF/A format.
1. This is a day-forward requirement.

2. Upon implementation of the PDF/A requirement for incoming filings, existing electronic documents may remain in their current format(s) if the clerk case maintenance system (“CMS”) is capable of managing multiple file formats.


• The record copy of each electronic court document retains the original document intelligence (i.e., as filed with the Portal) except features that use a digital hash. For example, digital signatures and electronic notarizations may be flattened and the certificates invalidated as the document moves through the filing process.

Florida Courts Technology Commission (11/20)

Congratulations! You're now booked up on Section VIII from the Florida Courts Technology Standards!

Please get the justice you deserve.

Sincerely,



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