Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 170
       
       
       
       
       
       
                                Barcode 873152                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/17/2011           .                                
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       The Committee on Budget Subcommittee on Criminal and Civil
       Justice Appropriations (Bennett) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 27.341, Florida Statutes, is created to
    6  read:
    7         27.341Electronic filing and receipt of court documents.—
    8         (1)(a)Each office of the state attorney shall
    9  electronically file court documents with the clerk of the court
   10  and receive court documents from the clerk of the court. It is
   11  the expectation of the Legislature that the electronic filing
   12  and receipt of court documents will reduce costs for the office
   13  of the state attorney, the clerk of the court, and the
   14  judiciary; will increase timeliness in the processing of cases;
   15  and will provide the judiciary and the clerk of the court with
   16  case-related information to allow for improved judicial case
   17  management.
   18         (b) As used in this section, the term “court documents”
   19  includes, but is not limited to, pleadings, motions, briefs, and
   20  their respective attachments, orders, judgments, opinions,
   21  decrees, and transcripts.
   22         (2) It is further the expectation of the Legislature that
   23  each office of the state attorney consult with the office of the
   24  public defender for the same circuit served by the office of the
   25  state attorney, the clerks of court for the circuit, the Florida
   26  Court Technology Commission, and any authority that governs the
   27  operation of a statewide portal for the electronic filing and
   28  receipt of court documents.
   29         (3)The Florida Prosecuting Attorneys Association shall
   30  file a report with the President of the Senate and the Speaker
   31  of the House of Representatives by March 1, 2012, describing the
   32  progress that each office of the state attorney has made to use
   33  the Florida Courts E-Portal or separate clerks’ offices portals
   34  for purposes of electronic filing and documenting receipt of
   35  court documents. For any office of the state attorney that has
   36  not fully implemented an electronic filing and receipt system by
   37  March 1, 2012, the report must also include a description of the
   38  additional activities that are needed to complete the system for
   39  that office and the projected time necessary to complete the
   40  additional activities.
   41         Section 2. Section 27.5112, Florida Statutes, is created to
   42  read:
   43         27.5112Electronic filing and receipt of court documents.—
   44         (1)(a)Each office of the public defender shall
   45  electronically file court documents with the clerk of the court
   46  and receive court documents from the clerk of the court. It is
   47  the expectation of the Legislature that the electronic filing
   48  and receipt of court documents will reduce costs for the office
   49  of the public defender, the clerk of the court, and the
   50  judiciary; will increase timeliness in the processing of cases;
   51  and will provide the judiciary and the clerk of the court with
   52  case-related information to allow for improved judicial case
   53  management.
   54         (b) As used in this section, the term “court documents”
   55  includes, but is not limited to, pleadings, motions, briefs, and
   56  their respective attachments, orders, judgments, opinions,
   57  decrees, and transcripts.
   58         (2) It is further the expectation of the Legislature that,
   59  in developing the capability and implementing the process, each
   60  office of the public defender consult with the office of the
   61  state attorney for the same circuit served by the office of the
   62  public defender, the clerks of court for the circuit, the
   63  Florida Court Technology Commission, and any authority that
   64  governs the operation of a statewide portal for the electronic
   65  filing and receipt of court documents.
   66         (3)The Florida Public Defender Association shall file a
   67  report with the President of the Senate and the Speaker of the
   68  House of Representatives by March 1, 2012, describing the
   69  progress that each office of the public defender has made to use
   70  the Florida Courts E-Portal or separate clerks’ offices portals
   71  for purposes of electronic filing and documenting receipt of
   72  court documents. For any office of the public defender that has
   73  not fully implemented an electronic filing and receipt system by
   74  March 1, 2012, the report must also include a description of the
   75  additional activities that are needed to complete the system for
   76  that office and the projected time necessary to complete the
   77  additional activities.
   78         Section 3. This act shall take effect upon becoming a law.
   79  
   80  ================= T I T L E  A M E N D M E N T ================
   81  And the title is amended as follows:
   82  
   83         Delete everything before the enacting clause
   84  and insert:
   85                        A bill to be entitled                      
   86         An act relating to electronic filing and receipt of
   87         court documents; creating ss. 27.341 and 27.5112,
   88         F.S.; requiring each state attorney and public
   89         defender to electronically file court documents with
   90         the clerk of the court and receive court documents
   91         from the clerk of the court; defining the term “court
   92         documents”; providing legislative expectations that
   93         the state attorneys and public defenders consult with
   94         specified entities; requiring the Florida Prosecuting
   95         Attorneys Association and the Florida Public Defender
   96         Association report to the President of the Senate and
   97         the Speaker of the House of Representatives by a
   98         specified date on the progress made to use the Florida
   99         Courts E-Portal system to electronically file and
  100         receive court documents; providing an effective date.