Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. SB 170 Barcode 656138 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/08/2011 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Thrasher) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 6 Section 1. Section 27.341, Florida Statutes, is created to 7 read: 8 27.341 Electronic filing and receipt of court documents.— 9 (1)(a) Each office of the state attorney shall develop the 10 technological capability and implement a process by which the 11 state attorney can electronically file court documents with the 12 clerk of the court and receive court documents from the clerk of 13 the court. It is the expectation of the Legislature that the 14 electronic filing and receipt of court documents will reduce 15 costs for the office of the state attorney, the clerk of the 16 court, and the judiciary; will increase timeliness in the 17 processing of cases; and will provide the judiciary and the 18 clerk of the court with case-related information to allow for 19 improved judicial case management. 20 (b) As used in this section, the term “court documents” 21 includes, but is not limited to, pleadings, motions, briefs, and 22 their respective attachments, orders, judgments, opinions, 23 decrees, and transcripts. 24 (2) It is further the expectation of the Legislature that, 25 when developing the capability and implementing the process, 26 each office of the state attorney consult with the office of the 27 public defender for the same circuit served by the office of the 28 state attorney, the clerks of court for the circuit, the Florida 29 Court Technology Commission, and any authority that governs the 30 operation of a statewide portal for the electronic filing and 31 receipt of court documents. 32 (3) The Florida Prosecuting Attorneys Association shall 33 file a report with the President of the Senate and the Speaker 34 of the House of Representatives by March 1, 2012, describing the 35 progress that each office of the state attorney has made to 36 implement an electronic filing and receipt system. For any 37 office of the state attorney that has not fully implemented an 38 electronic filing and receipt system by March 1, 2012, the 39 report must also include a description of the additional 40 activities that are needed to complete the system for that 41 office and the projected time necessary to complete the 42 additional activities. 43 Section 2. Section 27.5112, Florida Statutes, is created to 44 read: 45 27.5112 Electronic filing and receipt of court documents.— 46 (1)(a) Each office of the public defender shall develop the 47 technological capability and implement a process by which the 48 public defender can electronically file court documents with the 49 clerk of the court and receive court documents from the clerk of 50 the court. It is the expectation of the Legislature that the 51 electronic filing and receipt of court documents will reduce 52 costs for the office of the public defender, the clerk of the 53 court, and the judiciary; will increase timeliness in the 54 processing of cases; and will provide the judiciary and the 55 clerk of the court with case-related information to allow for 56 improved judicial case management. 57 (b) As used in this section, the term “court documents” 58 includes, but is not limited to, pleadings, motions, briefs, and 59 their respective attachments, orders, judgments, opinions, 60 decrees, and transcripts. 61 (2) It is further the expectation of the Legislature that, 62 in developing the capability and implementing the process , each 63 office of the public defender consult with the office of the 64 state attorney for the same circuit served by the office of the 65 public defender, the clerks of court for the circuit, the 66 Florida Court Technology Commission, and any authority that 67 governs the operation of a statewide portal for the electronic 68 filing and receipt of court documents. 69 (3) The Florida Public Defender Association shall file a 70 report with the President of the Senate and the Speaker of the 71 House of Representatives by March 1, 2012, describing the 72 progress that each office of the public defender has made to 73 implement an electronic filing and receipt system. For any 74 office of the public defender that has not fully implemented an 75 electronic filing and receipt system by March 1, 2012, the 76 report must also include a description of the additional 77 activities that are needed to complete the system for that 78 office and the projected time necessary to complete the 79 additional activities. 80 Section 3. This act shall take effect upon becoming a law. 81 82 ================= T I T L E A M E N D M E N T ================ 83 And the title is amended as follows: 84 85 Delete everything before the enacting clause 86 and insert: 87 A bill to be entitled 88 An act relating to electronic filing and receipt of 89 court documents; creating ss. 27.341 and 27.5112, 90 F.S.; requiring each state attorney and public 91 defender to implement a system by which the state 92 attorney and public defender can electronically file 93 court documents with the clerk of the court and 94 receive court documents from the clerk of the court; 95 providing legislative expectations that the state 96 attorneys and public defenders consult with specified 97 entities; defining the term “court documents”; 98 requiring that the Florida Prosecuting Attorneys 99 Association and the Florida Public Defender 100 Association report to the President of the Senate and 101 the Speaker of the House of Representatives by a 102 specified date on the progress made in implementing 103 the electronic filing and receipt system; providing an 104 effective date.