RULE 2.236. FLORIDA COURTS TECHNOLOGY COMMISSION

(a) Purpose. The purpose of this rule is to establish a
Florida Courts Technology Commission with responsibility for
overseeing, managing, and directing the development and use of
technology within the judicial branch under the direction of the
supreme court as specified in this rule. For the purpose of this rule,
the term “judicial branch” does not include The Florida Bar, the
Florida Board of Bar Examiners, or the Judicial Qualifications
Commission.

(b) Responsibilities. The Florida Courts Technology
Commission is charged with specific responsibility to:

(1) make recommendations to the supreme court on all
matters of technology policy impacting the judicial branch to allow
the supreme court to establish technology policy in the branch;

(2) make recommendations to the supreme court
regarding policies for public access to electronic court records;
(3) make recommendations to the supreme court about
the relative priorities of various technology projects within the
judicial branch so that the supreme court can establish priorities.
The commission should coordinate with the Trial Court Budget
Commission and District Court of Appeal Budget Commission to
secure funds for allocation of those priorities;

(4) direct and establish priorities for the work of all
technology committees in the judicial branch, including the
Appellate Court Technology Committee, and review and approve
recommendations made by any court committee concerning
technology matters or otherwise implicating court technology policy.

(5) establish, periodically review, and update technical
standards for technology used and to be used in the judicial branch
to receive, manage, maintain, use, secure, and distribute court
records by electronic means, consistent with the technology policies
established by the supreme court. These standards shall be
coordinated with the strategic plans of the judicial branch, rules of
procedure, applicable law, and directions from the supreme court,
and shall incorporate input from the public, clerks of court,
supreme court committees and commissions, and other groups
involved in the application of current technology to the judicial
branch;

(6) create procedures whereby courts and clerks and
other applicable entities can apply for approval of new systems, or
modifications to existing systems, that involve the application of
technology to the receipt, management, maintenance, use, securing,
and distribution of court records within the judicial branch, and
between the public and the judicial branch;

(7) evaluate all such applications to determine whether
they comply with the technology policies established by the
supreme court and the procedures and standards created pursuant
to this rule, and approve those applications deemed to be effective
and found to be in compliance;
(8) develop and maintain security policies that must be
utilized to ensure the integrity and availability of court technology
systems and related data;

(9) ensure principles of accessibility are met for all
court technology projects, with consideration and application of the
requirements of the Americans with Disabilities Act of 1990 and
any other applicable state or federal disability laws;

(10) ensure that the technology utilized in the judicial
branch is capable of required integration;

(11) periodically review and evaluate all approved
technology in the judicial branch to determine its adherence to
current supreme court technology policies and standards;

(12) review annual and periodic reports on the status of
court technology systems and proposals for technology
improvements and innovation throughout the judicial branch;

(13) recommend statutory and rule changes or additions
relating to court technology and the receipt, maintenance,
management, use, securing, and distribution of court records by
electronic means;

(14) identify technology issues that require attention in
the judicial branch upon:

(A) referral from the chief justice;

(B) referral from the supreme court; or

(C) identification by the Florida Courts Technology
Commission on its own initiative based on recommendations of the
public, commission members, judges, justice system partners, The
Florida Bar, clerks of court, the Florida Legislature (either
informally or through the passage of legislation), the Governor, the
cabinet, or executive branch agencies; and
(15) coordinate proposed amendments to rules of court
procedure and judicial administration necessary to effectuate the
commission’s charge with appropriate Florida Bar rules committees.
If a program, system, or application is found not to comply with the
policies established by the supreme court or the standards and
procedures established by the commission, the commission may
require that it be terminated or modified or subject to such
conditions as the commission deems appropriate.

(c) Operational Procedures. The Florida Courts Technology
Commission shall establish operating procedures necessary to carry
out its responsibilities as outlined in subdivision (b), subject to final
approval by the supreme court. These procedures shall include:

(1) a method for ensuring input from all interested
constituencies in the state of Florida;

(2) a method for monitoring the development of new
court technology projects, reviewing reports on new technology
projects, and reviewing the annual reports;

(3) a method whereby courts and clerks and other
applicable entities can apply for approval of new technology systems
or applications, or modifications to existing systems or applications,
that affect the receipt, management, maintenance, use, securing,
and distribution of court records;

(4) a system to evaluate all applications for new or
modified technology systems to determine whether they comply with
the policies and technical standards established by the supreme
court and the procedures created pursuant to this rule, and are
otherwise appropriate to implement in the judicial branch;

(5) a process for making decisions on all applications
for new or modified technology systems and communicating those
decisions to interested parties. If an application is found to comply
with technology policies and standards, the commission may
approve the application and its written approval shall authorize the
applicant to proceed. For all applications that are not approved, the
commission shall assist the applicant in remedying any deficiencies
that the commission identifies;

(6) a method to monitor all technology programs,
systems, and applications used in the judicial branch to ensure
that such programs, systems, and applications are operating in
accordance with the technology policies established by the supreme
court and technical standards established by the commission. The
commission may ask any operator of a program, system, or
application to appear before it for examination into whether the
program, system, or application complies with technology policies
and standards;

(7) a process to conduct the limited, short-term work of
the commission through work groups that it may constitute from
time to time. Work groups may make recommendations to the
commission as a whole. The chair of the commission may appoint
non-commission members to serve on any work group; and

(8) a process to conduct substantial work of the
commission requiring long-term commitment through
subcommittees. Subcommittees may make recommendations to the
commission as a whole. The chair of the commission may appoint
non-commission members to serve on any subcommittee.

(d) Action by Supreme Court or Chief Justice on
Recommendations of or Decisions by Florida Courts
Technology Commission. The supreme court or chief justice, as
appropriate, may take any of the following actions on
recommendations or decisions made by the Florida Courts
Technology Commission:

(1) Adopt the recommendation or decision of the
commission in whole or in part, with or without conditions.

(2) Refer specific issues or questions back to the
commission for further study or alternative recommendations.

(3) Reject the recommendation or decision in whole or
in part.
(4) Take alternative action.

(e) Membership and Organization.

(1) The Florida Courts Technology Commission shall be
composed of 25 voting members appointed by the chief justice after
consultation with the court. All members shall represent the
interests of the public and of Florida courts generally rather than
the separate interests of any particular district, circuit, county,
division, or other organization. The membership shall include
members who have experience in different divisions of courts, in
court operations, and in using technology in court for case
processing, management, and administrative purposes, and shall
provide geographic, racial, ethnic, gender, and other diversity.

(2) The membership shall include 2 district court
judges, 5 circuit court judges (1 of whom must be a chief judge), 2
county court judges, 3 court administrators, 3 court technology
officers, 4 clerks of court (1 of whom must be a clerk of an appellate
court), 4 members of The Florida Bar (1 of whom must be a member
of the Board of Governors of The Florida Bar), and 2 members of the
public at large.

(3) The members of the commission who are judicial
officers, court technology officers, and court administrators must
constitute a majority of the commission and must constitute a
majority of any quorum at all meetings of the commission.

(4) A supreme court justice shall be appointed by the
chief justice to serve as supreme court liaison to the commission.

(5) Each member will be initially appointed for a 1-, 2-,
or 3-year term, with the terms staggered to ensure continuity and
experience on the commission and for three year terms thereafter.
Retention and reappointment of each member will be at the
discretion of the chief justice.

(6) The chief justice shall appoint 1 member to serve as
chair for a two-year term.
(f) Schedule of Reports. The Florida Courts Technology
Commission shall prepare an annual report of its activities, which
shall include its recommendations for changes or additions to the
technology policies or standards of Florida courts, its
recommendations for setting or changing priorities among the
programs within the responsibility of the commission to assist with
budget resources available, its recommendations for changes to
rules, statutes, or regulations that affect technology in Florida
courts and the work of the commission. The report also shall
include recommendations of the Appellate Court Technology
Committee that implicate court technology policy and the action
taken on those recommendations by the commission. This report
shall be submitted to the supreme court on April 1 of each year.

(g) Appellate Court Technology Committee.

(1) Purpose. The purpose of this subdivision is to
establish the Appellate Court Technology Committee as a standing
committee of the Florida Courts Technology Commission
responsible for providing technical guidance and consultation to the
commission regarding information systems development and
operational policies and procedures relating to automation in the
district courts of appeal.

(2) Responsibilities. The Appellate Court Technology
Committee is charged with specific responsibility to:

(A) coordinate with and provide advice to the
Florida Courts Technology Commission regarding the development
of standards and policies for implementing new technologies,
system security, public access to district court information, and
system support;

(B) develop, recommend, and implement policy
and procedures consistent with the overall policy of the supreme
court relating to technology issues affecting the district courts of
appeal;
(C) recommend and coordinate the purchase and
upgrade of hardware and software in relation to the district courts’
office automation systems and networks;

(D) oversee and direct expenditures of designated
state court system trust funds for technology needs in the district
courts;

(E) promote orientation and education programs
on technology and its effective utilization in the district court
environment;

(F) ensure principles of accessibility are met for all
court technology projects, with consideration and application of the
requirements of the Americans with Disabilities Act of 1990 and
any other applicable state or federal disability laws;

(G) propose amendments to rules of court
procedure and judicial administration necessary to effectuate the
committee’s charge, after coordination with appropriate Florida Bar
rules committees; and

(H) identify budget issues and funding sources
and coordinate with the District Court of Appeal Budget
Commission on recommendations requiring additional funding or
resources for implementation in the district courts of appeal.

(3) Membership and Terms.

(A) The chief justice will select the chair of the
committee from among the judges of the district courts, with input
from the chief judges.

(B) The chief judges of the remaining district
courts will designate a representative from each of their courts to
serve as member of the committee.

(C) The chair and members will serve 3-year
terms. Retention and reappointment of the chair will be at the
discretion of the chief justice. Retention and reappointment of the
representative from each district court will be at the discretion of
the district court chief judge.

(4) Commission Approval and Reporting of Policy
Recommendations. Committee recommendations that implicate
court technology policy must be reviewed and approved by the
commission. The commission will report the committee’s policy
recommendations and the action taken on them by the commission
to the supreme court. The committee may submit to the court a
companion report on its recommendations, supporting or opposing
the action taken by the commission.

(h) Staff Support and Funding. The Office of the State
Courts Administrator shall provide primary staff support to the
Florida Courts Technology Commission and the Appellate Court
Technology Committee. Adequate staffing and resources shall be
made available by the Office of the State Courts Administrator to
ensure that the commission and committee are able to fulfill their
responsibilities under this rule.