| 1 | A bill to be entitled |
| 2 | An act relating to electronic filing and receipt of court |
| 3 | documents; creating ss. 27.341 and 27.5112, F.S.; |
| 4 | requiring each state attorney and public defender to |
| 5 | electronically file court documents with the clerk of the |
| 6 | court and receive court documents from the clerk of the |
| 7 | court; defining the term "court documents"; providing |
| 8 | legislative expectations that the state attorneys and |
| 9 | public defenders consult with specified entities; |
| 10 | requiring the Florida Prosecuting Attorneys Association |
| 11 | and the Florida Public Defender Association report to the |
| 12 | President of the Senate and the Speaker of the House of |
| 13 | Representatives by a specified date on the progress made |
| 14 | to use the Florida Courts E-Portal system or the clerks' |
| 15 | offices portals to electronically file and receive court |
| 16 | documents; providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Section 27.341, Florida Statutes, is created to |
| 21 | read: |
| 22 | 27.341 Electronic filing and receipt of court documents.- |
| 23 | (1)(a) Each office of the state attorney shall |
| 24 | electronically file court documents with the clerk of the court |
| 25 | and receive court documents from the clerk of the court. It is |
| 26 | the expectation of the Legislature that the electronic filing |
| 27 | and receipt of court documents will reduce costs for the office |
| 28 | of the state attorney, the clerk of the court, and the |
| 29 | judiciary; will increase timeliness in the processing of cases; |
| 30 | and will provide the judiciary and the clerk of the court with |
| 31 | case-related information to allow for improved judicial case |
| 32 | management. |
| 33 | (b) As used in this section, the term "court documents" |
| 34 | includes, but is not limited to, pleadings, motions, briefs, and |
| 35 | their respective attachments, orders, judgments, opinions, |
| 36 | decrees, and transcripts. |
| 37 | (2) It is further the expectation of the Legislature that |
| 38 | each office of the state attorney consult with the office of the |
| 39 | public defender for the same circuit served by the office of the |
| 40 | state attorney, the clerks of court for the circuit, the Florida |
| 41 | Court Technology Commission, and any authority that governs the |
| 42 | operation of a statewide portal for the electronic filing and |
| 43 | receipt of court documents. |
| 44 | (3) The Florida Prosecuting Attorneys Association shall |
| 45 | file a report with the President of the Senate and the Speaker |
| 46 | of the House of Representatives by March 1, 2012, describing the |
| 47 | progress that each office of the state attorney has made to use |
| 48 | the Florida Courts E-Portal or, if the case type is not approved |
| 49 | for the Florida Courts E-Portal, separate clerks' offices |
| 50 | portals for purposes of electronic filing and documenting |
| 51 | receipt of court documents. For any office of the state attorney |
| 52 | that has not fully implemented an electronic filing and receipt |
| 53 | system by March 1, 2012, the report must also include a |
| 54 | description of the additional activities that are needed to |
| 55 | complete the system for that office and the projected time |
| 56 | necessary to complete the additional activities. |
| 57 | Section 2. Section 27.5112, Florida Statutes, is created |
| 58 | to read: |
| 59 | 27.5112 Electronic filing and receipt of court documents.- |
| 60 | (1)(a) Each office of the public defender shall |
| 61 | electronically file court documents with the clerk of the court |
| 62 | and receive court documents from the clerk of the court. It is |
| 63 | the expectation of the Legislature that the electronic filing |
| 64 | and receipt of court documents will reduce costs for the office |
| 65 | of the public defender, the clerk of the court, and the |
| 66 | judiciary; will increase timeliness in the processing of cases; |
| 67 | and will provide the judiciary and the clerk of the court with |
| 68 | case-related information to allow for improved judicial case |
| 69 | management. |
| 70 | (b) As used in this section, the term "court documents" |
| 71 | includes, but is not limited to, pleadings, motions, briefs, and |
| 72 | their respective attachments, orders, judgments, opinions, |
| 73 | decrees, and transcripts. |
| 74 | (2) It is further the expectation of the Legislature that, |
| 75 | in developing the capability and implementing the process, each |
| 76 | office of the public defender consult with the office of the |
| 77 | state attorney for the same circuit served by the office of the |
| 78 | public defender, the clerks of court for the circuit, the |
| 79 | Florida Court Technology Commission, and any authority that |
| 80 | governs the operation of a statewide portal for the electronic |
| 81 | filing and receipt of court documents. |
| 82 | (3) The Florida Public Defender Association shall file a |
| 83 | report with the President of the Senate and the Speaker of the |
| 84 | House of Representatives by March 1, 2012, describing the |
| 85 | progress that each office of the public defender has made to use |
| 86 | the Florida Courts E-Portal or, if the case type is not approved |
| 87 | for the Florida Courts E-Portal, separate clerks' offices |
| 88 | portals for purposes of electronic filing and documenting |
| 89 | receipt of court documents. For any office of the public |
| 90 | defender that has not fully implemented an electronic filing and |
| 91 | receipt system by March 1, 2012, the report must also include a |
| 92 | description of the additional activities that are needed to |
| 93 | complete the system for that office and the projected time |
| 94 | necessary to complete the additional activities. |
| 95 | Section 3. This act shall take effect July 1, 2011. |