Bill Text: FL H0443 | 2011 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Electronic Filing & Receipt/Court & Legal Document

Spectrum:

Status: (Introduced - Dead) 2011-05-03 - Laid on Table, companion bill(s) passed, see CS/CS/SB 170 (Ch. [H0443 Detail]

Download: Florida-2011-H0443-Comm_Sub.html

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CS/HB 443

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
18	Be It Enacted by the Legislature of the State of Florida:
19
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.

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