Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 170
       
       
       
       
       
       
                                Barcode 656138                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/08/2011           .                                
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       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         27.341Electronic 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         27.5112Electronic 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.