Clerk Talk

Episode 5: Karen Rushing and Melissa Bennefield

Florida Court Clerks & Comptrollers Season 1 Episode 5

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0:00 | 26:59

In this episode of Clerk Talk, host Ken Burke, Pinellas County Clerk of Court and Comptroller, is joined by Melissa Bennefield, FCCC-Civitek Chief Operating Officer, and Karen Rushing, Sarasota County Clerk of Court and Comptroller, for a conversation about Florida's statewide E-Filing Portal. They discuss how the Portal was created through the leadership and collaboration of Florida's Clerks of Court, its impact on millions of filers and court users across the state, and how it has transformed access to the justice system. The episode also explores the Portal's continued growth, emerging innovations, and what's next for one of the nation's most successful statewide court technology systems.

Notes and Timestamps:

2:00 – In November of 2013, the E-Filing Portal saw 853,000 filings, not 813.

7:38 – The number referenced for the E-Filing Portal Help Desk Line is (850) 577-4609.

19:34 – At the end of June 2026, the E-Filing Portals had 819,000 active self-represented litigant accounts, not 819. 

Clerk Talk is presented by Florida Court Clerks & Comptrollers (FCCC).

FCCC is a statewide, nonprofit member association composed of Florida’s Clerks of the Circuit Court and Comptrollers. FCCC provides local government support services, technical assistance and accreditation opportunities for all members of the association. 

For more information, visit www.FLClerks.com.

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SPEAKER_00

Welcome to another Clerk Podcast. We have two very special guests with us. We have Melissa Benefield from FCCC, and of course, Karen Rushing, the clerk, the longest serving clerk in the entire state of Florida from Sarasota County. And we're glad to have both of you here. Welcome to our podcast.

SPEAKER_01

Thank you, Ken. Thank you, Ken.

SPEAKER_00

And today we're going to talk about e-filing, which, of course, during the time, you know, Karen, you became clerk in 1987 when everyone had to file their paperwork through email, or not through email at that time, through regular mail or through postage delivery, or all types of things, but we've changed now to where lawyers are required to use the e portal. So, Melissa, maybe you can tell us how the ePortal started, where it's going, and where we are with the ePortal. And then maybe Karen, you could follow up with her.

SPEAKER_02

Well, great. Thank you, Ken. So it's pretty hard to believe, I think, that uh the e-filing portal's been around since 2013. Um, it was really born out of, I think, a statewide effort to modernize the courts and create uh one place where people could electronically file court documents across all 67 counties. Um in the beginning, there was definitely a learning curve, I think, from moving from the paper to electronic filing. Um, it was a big change for everyone. Um, but I don't think it took long for people to recognize those benefits. And then um, if we just kind of take a look at some of the numbers, I think in November 2013, the portal had just over 55,000 user accounts and processed approximately 853 filings, and that represented about 1.4 million documents. So if you fast forward to today, um, and you can take a look here, the growth uh really has been remarkable. Um, as of the end of June, the portal serves more than 1 million user accounts, processes over 2 million filings, and represents approximately 2.6 million documents each month. Uh those numbers really, I think, reflect how essential the portals become to Florida court system. Um and I think where we are today is um we're well beyond driving adoption. I think our focus is now on continuous improving the portal, making it easier to use, increasing automation, strengthening the security, um, and and just making sure that it's in a good place to meet the evolving needs of Florida courts for years to come.

SPEAKER_00

Thank you, Melissa. And maybe Karen, you could add a little historical perspective to the formation of the ePortal Authority.

SPEAKER_01

I can tell you a little bit, Ken. I was thinking just the other day driving to work, how when I first started, I actually started with supplies that predated Whiteout. Um, it was a solution in a little potion bottle that was called eradicating solution. And when you made a mistake in the docket book, you went over the word that you made the mistake and it ate the fibers of the paper and made the word disappear. Now we don't have those things anymore. Um, and we're in the electronic world. And uh we're very happy that we have the electronic filing, but it didn't take care of all solutions. There's still opportunities for errors to be made, documents to get in the wrong file. And so the clerk has a really important role to ensure that the users of the system are carefully uh selecting documents. And as Melissa said, we're continuing to try to improve the e-portal filing system and allowing now a broader understanding of the importance of document naming conventions. And uh out of that was born the standard document descriptions.

SPEAKER_00

Karen, you talk about some of the differences the ePortals made. Do you would you expand upon that a little bit?

SPEAKER_01

Well, I think for the legal community, it certainly has uh changed their business process. Back in the old days, around three o'clock, runners started coming to our offices with heaps of paper. And um, from three o'clock to five o'clock, our staff was standing writing in docket books and trying to file papers in uh file folders. And so from the legal perspective, it's the push of a button, um, and there's no more runners coming to the clerk's office. From the clerk's perspective, uh, it it has modernized what we do as well. But as we all know, when you use machines, each one of them has an opportunity to hick up and and and break. And so we're spending a lot of time making sure those documents get in the right file. They are named correctly for the court, so the court can easily navigate uh the case file in a in a sim a seamless way, excuse me, in a seamless way, where in the old days you had to flip through lots of pieces of paper.

SPEAKER_00

Karen, you're absolutely right about that three o'clock thing. And that, you know, we used to have night shifts and civil, probate, and both of our criminal areas. Um, and since that time, we've had to eliminate them because we get the filings all throughout the day now. As a matter of fact, you get them at 10 o'clock at midnight all types of hours during the day and on the weekends. So it's it's a constant filing uh challenge for clerks. You're exactly right about that. Um how how how would you judge, Melissa, the the success of the ePortal? And I know you talked about the tremendous volume, but how how do we look at the success of the uh of the ePortal?

SPEAKER_02

Um Ken, I think I think that we could probably look at success in a few different ways. Um so, first, as I mentioned before, I think adoption is uh is a big way we can gauge the success. Um, and that it's become the standard method of um filing really kind of says it all there. I think. Second, um I think reliability and performance. Um the portal processes millions of filings every year, um, and it does so at a very high level of system availability. People depend on it every single day. Um, and that's I think a responsibility that we take very seriously. Um, we also play pay very close attention to um the feedback from our users, attorneys, clerks, judges, um, and our self-represented litigants because success really isn't just about the technology. I think it's um determined by whether we're making their jobs easier and helping the courts operate more efficiently. And at the end of the day, I think um success can be measured by the value it creates. Um, faster processing, less paper, greater accessibility. Um and I think that's what makes the portal such an important part of our justice system.

SPEAKER_00

Also, would you just tell the folks who are listening to this what your role is in the e portal?

SPEAKER_02

Um my role is uh the oversight of the portal. Um, so all operations of the portal um as well as uh system availability and making sure that it is up and running and uh available.

SPEAKER_00

And at the end of this broadcast, we'll put across our screen the phone number for people to call when they have a problem with the ePortal. And that goes to the phone center, which is up there in Tallahassee. So does that sound good, Melissa?

SPEAKER_02

That sounds perfect. Thank you, Ken.

SPEAKER_00

Um, Karen, I I know you're on the ePortal authority. Can you talk about the governance of the portal and how the authority works?

SPEAKER_01

Yes, so we have an authority, as you mentioned, and that's a creature of statute. And um, the folks that are on that authority are of like kind, and I say that to mean clerks. So we have um the Supreme Court clerk along with other uh clerks uh throughout the state that represent um the respective counties. Um and on that um authority, we're dealing with the changes that need to be made to the portal to make it more efficient. As you've heard Melissa say, um, once you get something, um, an electronic process, then you want it to do more and you want it to do it better, and you want it to do it faster. Um, and so we we discuss those things and we prioritize those things, and everything is driven by affordability as well. So um those are the kinds of things that we consider at the authority and then prioritize for those that have this skill to support the system, which we rely on greatly and appreciate Melissa and her team extremely well.

SPEAKER_00

Erin, I think um, I'm matter of fact, I'm almost sure I'm correct, but please confirm that um the only filing fee takes place is when you initially file. And there's really no e-portal fee, it's just a convenience fee added to the the little um the the filing fees that are due on a on a filing. Is that correct?

SPEAKER_01

Correct. I mean, and I know you also mean uh any statutory um assessment like on a reopen case and those kinds of things are the fees associated with it, but there are no fees to use it. Um and so there's constant consideration of how does one support this system as it grows and becomes more useful to all of the justice partners without um significant support.

SPEAKER_00

Throw this out to the both of you. What changes are ahead for e-filing that you see um happening?

SPEAKER_01

Melissa, why don't you start with your assignments?

SPEAKER_02

Uh well, uh we have we have a lot, I think, uh of changes that are coming uh down towards us, Ken. We're we're always looking for ways to reduce the filing errors, um, improve accessibility, uh, integrate with the local case management systems. Um, and and to a point that uh Karen had just raised earlier, um uh one of the big projects we're working on right now is uh standard document descriptions. And that's a huge uh project and a very important project. So uh I think there's also a lot of excitement around automation and artificial intelligence, uh, AI coming into the schema and seeing how that fits uh with our current technologies uh in a way that has the potential to help with document processing, um, quality checks, like workflow management, really looking for ways that we could allow people to spend less time on the repetitive tasks and more time um on the work that requires human judgment, I think. So I think it's really um for us, it's it's about how we get the portal to continue to evolve and uh and and not just digitize existing processes, but really finding smarter ways to do the business that we're doing.

SPEAKER_00

Okay, and Kevin, maybe you can talk about how this will impact clerks and lawyers.

SPEAKER_01

So uh following up on what Melissa says, um, it is that decision-making process that is going to be the one that we really want to focus on because as everyone wants to do more with less financial resources, this is going to be how we are able to achieve it. That the application uses analysis to synthesize the data that a court might want to look at and um and deliver it as opposed to they having to go search it. The same thing with clerks, you know, we get documents and uh besides filing them in the court file through the docketing process, uh we are obligated to do things with these documents, whether it's copy someone, whether it's forward it to the sheriff's office, many different things. Maybe it's distribute money, maybe it's to recall a warrant. Those kinds of things are decision-making points. And so we'll be looking at the intelligence of these applications to see if they can make the decisions, spit out the exceptions so that we have somebody analytical looking at, okay, what's wrong with this and how does it get fixed, versus looking at every single document because we are filing thousands of each of us in our our uh different jurisdictions, um thousands of documents a month and millions, as you heard, uh, throughout the state. And uh right now it it's quite a manual process of examination and then act. So it's going to benefit the clerks, it's going to benefit the court, but uh financial resources have to put to uh put forth to these uh initiatives to achieve it.

SPEAKER_00

Talk more about that, care and the challenges of the ePortal authority, and especially you talked about the financial part uh with these new services. Can you just hit more on that, please?

SPEAKER_01

Yeah, I think it's really important for everyone to go back to how did we get here? And one of the things that uh seems to be forgotten by many is that each county years ago was responsible for its own systems. And when time passed and a state court system became the theme, um the fabric of putting all these counties together was trying to take advantage of the financial resources that had already been expended in these counties. So rather than having one big uh gigantic boat, we have a um patchwork of systems that we've connected to maximize the financial benefit that had already been expended throughout the county. So we work within that system and the portal connected it all. And so um we we continue to work as the portal, the front door to all of these systems throughout the state. And um it's it's doing a marvelous job, I think, of identifying um what needs to be done and also taking advantage of the um financial resources that have already been spent by the taxpayers um to have these systems without the with throughout the county. So um I look very hopeful to continued standardization so that uh the financial requirements can be minimized by such things. Like I would love to see lawyers use the same document titles for this uh various documents. It's called standardization, it's done throughout the country, it does a whole bunch of good things for the court system, it helps clerks minimize errors, it helps the judge identify the document, and to me, it doesn't seem like it should be burdensome to the legal community. I hope we will get there. We're trying to get there by identifying standard document descriptions, and I'll just wrap this conversation up by saying uh it still doesn't um there's no connection between the standard document description and what the litigant wrote on the document, and that's where we need to connect, make that connection and make sure the document also identifies the standard so that we have um a seamless system for the court and for the clerk.

SPEAKER_00

Karen, those are some great challenges that y'all are handling, and thank God you're part of that. Um, you're such a smart person. I'm sure you can help solve some of these issues, especially the standard docketing code. Melissa, what what challenges do you see for the ePortal?

SPEAKER_02

Um I I think I would I would mirror uh some of what Karen mentioned. I mean, the portal works with so many different local case management systems across the state. So I think uh to Karen's point, you know, um standardization, maintaining consistency while continuing to support those local business processes really requires constant collaboration. And I and I think that we have that um with uh the governance and uh and and all of the stakeholders um that help support the portal. Um one of the biggest challenges in administering the portal is balancing the needs of all those different stakeholders. Um they all have different requirements, they all have their own set of priorities. Uh the attorneys, judges, state agencies, self-represented litigants, um, they all use that portal very differently. Um but um uh but again, I think that collaboration and to Karen's point, that standardization helps make that work. And the only other thing I would add is um technology is another another challenge. I mean, the the rate the technology is moving, user expectations continue to evolve. Um I think cybersecurity um and and those requirements continue to grow over time. So we have to make sure that the portal keeps pace. And so, Ken, I would say that those are some of the biggest challenges that we face.

SPEAKER_00

Oh, thank God they have you, Melissa, there up there at Tallahassee to help us with some of these challenges, but um some of them are going to be take a lot of conversation and it's gonna take some effort, um, a lot of effort and some finances to make these things happen. I'm speaking of something that's changed with the portal, and that's the self-represented or the pro-sate litigate using the portal. And I have to say, you know, five years ago, six years ago, this was very, very little used, and today I know it's growing. Um, there was a uh consideration by the Supreme Court to mandate um people use the self, uh self-represented people use the portal, which I'm against, by the way. Um, but please tell us about how this has changed and the conversations that maybe have taken place um through your phone center with their self-represented litigants and some of the challenges they have with this, Melissa.

SPEAKER_02

Um thank you, Ken. So um yeah, um I so access to justice, I think, uh and and self- uh the self-represented litigants um has always been one of the portal's most important goals. Um so um we um we we understand that the self-represented litigants being able to file um documents electronically means that they don't, you know, it's it's important to them. They don't have to take time off work, um, they don't have to travel to the courthouse just to submit the paperwork anymore. Um so that's made uh the system much more accessible to many people. Um you know, we continue to look for ways to make it more efficient for them. But when I kind of look at the numbers um to see how much that has grown, um it has grown significantly uh from um from the time the portal began uh to now. So as of the end of June, the portals had more than uh 819 active self-represented litigant litigant accounts. Um, and those users are now submitting about 47,500 filings every month. So that tells us that the portal has become a really important resource for Floridians who are navigating the court system on their own. Um, and I think we've made tremendous progress in expanding the service uh out to those software for presented litigants. And um, and there's still a lot of opportunity that we could make their experience even better.

SPEAKER_00

What challenges are there?

SPEAKER_01

Yes, Ken, I want to speak to those because on the FCTC, um, the Florida Court Technology Commission, we're talking about those challenges right now. Um let's assume for a moment that um the the legal community, meaning um licensed um attorneys to practice law, do know, should know the rules and regulations about filing. And the pro se folks often don't. AI is helping them um look at um information, but not necessarily in a very um sanitized way. So they might be getting the California way, they might be getting the Nevada way, they don't know what way they're getting, but they're filing it in the Florida courts. And so what's happening is there's a proliferation of filings, and um pro-state people um are using that, and the court is concerned because they're dealing with pro se people filing five, six, eight motions, which an attorney could be sanctioned for if it's improper use of the court. Um, and it's challenging when a pro se person does it because it's likely they don't know it. And um I think that's why if you read the rules of court, you find that small claims was designed for people who wouldn't know what the rules of court are, and the clerk is to provide assistance to use that court, but that isn't how the other courts are set up and circuit court, family court, all of those others. And so it's quite a challenge right at the moment. Um, and I'm seeing more vexatious um findings with litigants because. They just simply don't know the rules around using the court.

SPEAKER_00

Karen, I couldn't agree with you more. And I know when people come to our front counter and we give ministerial assistance. We don't practice law, but we help them with the filing of their forms and give them a little guidance of what should be filed and what shouldn't be filed. And that's something when you're filing just through the ePortal, you're not getting.

SPEAKER_01

Right.

SPEAKER_00

Let's talk about funding. Melissa, how's funding for the ePortal working? And are there ways that for other folks to benefit from the ePortal?

SPEAKER_02

Ken, I think that the funding model has really helped ensure the long-term stability of the portal. It allows us to maintain the infrastructure, invest in security, support the ongoing operations, and continue to enhance the system as the technology evolves. So I think that there are optional services and integrations available that can provide additional value to clerks' offices. I think those services can allow clerks to take advantage of the statewide platform and also meet local operational needs. And I think the goal in funding is really destroying that right balance to maintain that strong, sustainable, statewide system and continue to provide meaningful value to clerks and the courts and the citizens that we all serve.

unknown

Great.

SPEAKER_00

Well, so Karen, do you have anything to add on this?

SPEAKER_01

No, just that those of us who are involved in the ongoing development have to recognize that there are costs associated with improving systems. And there needs to be a resource. And those financial resources haven't been forthcoming. And so I think we need to continue to try to demonstrate when a change is made, what the value will be, whether it's being able to process more with less uh human people, or whether it's able to process faster. And those kind of things need to be demonstrated, I think, for the funding authorities to recognize the importance of it.

SPEAKER_00

I want to thank both of you for this presentation today. The information you're sharing is so beneficial to all the other stakeholders who use the e-portal. I'll give you an opportunity to make any concluding comments that you wish to make. Melissa, do you wish to go forward?

SPEAKER_02

Thank you, Ken. I think if there's one thing I would like to leave the listeners with, it's that um I think the Florida Courts e-filing portal um started out as just a technology project. And I think that it's become way, way more than that, and something that we can all be so very proud of. Um it's become part of the everyday infrastructure that keeps courts uh running. And that success has been built on a collaboration between the clerks, the courts, the attorneys, and the e-filing authority. And I think that the next chapter is really just as exciting with everything that's been accomplished over the last decade. And I think uh we have a lot to look forward to in a very bright future.

SPEAKER_00

Thank you, Melissa. Karen?

SPEAKER_01

Yeah, I would uh echo that. Um I'm very appreciative of the leadership of the FCTC, the Florida Court Technology Commission. Um, there's a lot of collaboration going on, and uh I think we have finally reached a recognition that we cannot uh move forward independently. We have to do it together and we have to identify what the priorities are together in order to achieve the most beneficial result for the end, which is the court's use of the records. So I look forward to the future. I think we have a very bright future on providing more and more services, and I look forward to being involved.

SPEAKER_00

Thank you, Karen. And thank you, Karen, for your service not only on the ePortal Authority, but on the Florida Court Technology Commission. Um, you you are amazing in that you attend all these events and are so active and being our longest-serving clerk, we're so grateful to you for your tremendous service. Um, I want to point out that the ePortal was established by the clerks. Um, and I think it's important to realize that um no uh federal money, no state money, no local money was used. It was all through the clerks' funding of this. Um, other states spent millions upon millions of dollars building something that didn't work. Um, we built something that worked um and built it efficiently. And so that's a tribute to the clerks of the state of Florida. So I I thank you both for your um your contributions here today. Interesting conversation. I think people who are listening are really going to benefit from this. Thank you, and you all have a good day.

SPEAKER_02

Thank you, Ken. Thank you, Ken.