HB 443

1
A bill to be entitled
2An act relating to electronic filing and receipt of court
3documents; creating ss. 27.341 and 27.5112, F.S.;
4providing legislative intent; requiring that each state
5attorney and public defender implement a system by which
6the state attorney and public defender can electronically
7file court documents with the clerk of the court and
8receive court documents from the clerk of the court;
9defining the term "court documents"; requiring that the
10Florida Prosecuting Attorneys Association and the Florida
11Public Defender Association report to the President of the
12Senate and the Speaker of the House of Representatives by
13a specified date on the progress made in implementing the
14electronic filing and receipt system; providing an
15effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Section 27.341, Florida Statutes, is created to
20read:
21     27.341  Electronic filing and receipt of court documents.-
22     (1)(a)  It is the intent of the Legislature that each
23office of the state attorney design and implement a system by
24which the state attorney electronically files court documents
25with the clerk of the court and receives court documents from
26the clerk of the court. It is the expectation of the Legislature
27that the electronic filing and receipt of court documents will
28reduce costs for the office of the state attorney, the clerk of
29circuit court, and the judiciary; will increase timeliness in
30the processing of cases; and will provide the judiciary and the
31clerk of the court with case-related information to allow for
32improved judicial case management.
33     (b)  As used in this section, the term "court documents"
34includes, but is not limited to, pleadings, motions, briefs, and
35their respective attachments, orders, judgments, opinions,
36decrees, and transcripts.
37     (2)  The Florida Prosecuting Attorneys Association shall
38file a report with the President of the Senate and the Speaker
39of the House of Representatives by March 1, 2012, describing the
40progress that each office of the state attorney has made to
41implement an electronic filing and receipt system. For any
42office of the state attorney that has not fully implemented an
43electronic filing and receipt system by March 1, 2012, the
44report must also include a description of the additional
45activities that are needed to complete the system for that
46office and the projected time necessary to complete the
47additional activities.
48     Section 2.  Section 27.5112, Florida Statutes, is created
49to read:
50     27.5112  Electronic filing and receipt of court documents.-
51     (1)(a)  It is the intent of the Legislature that each
52office of the public defender design and implement a system by
53which the public defender electronically files court documents
54with the clerk of the court and receives court documents from
55the clerk of the court. It is the expectation of the Legislature
56that the electronic filing and receipt of court documents will
57reduce costs for the office of the public defender, the clerk of
58circuit court, and the judiciary; will increase timeliness in
59the processing of cases; and will provide the judiciary and the
60clerk of the court with case-related information to allow for
61improved judicial case management.
62     (b)  As used in this section, the term "court documents"
63includes, but is not limited to, pleadings, motions, briefs, and
64their respective attachments, orders, judgments, opinions,
65decrees, and transcripts.
66     (2)  The Florida Public Defender Association shall file a
67report with the President of the Senate and the Speaker of the
68House of Representatives by March 1, 2012, describing the
69progress that each office of the public defender has made to
70implement an electronic filing and receipt system. For any
71office of the public defender that has not fully implemented an
72electronic filing and receipt system by March 1, 2012, the
73report must also include a description of the additional
74activities that are needed to complete the system for that
75office and the projected time necessary to complete the
76additional activities.
77     Section 3.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.