Rules implementing court performance and accountability recommendations.

The Florida Bar's Rules of Judicial Administration Committee and Appellate Court Rules Committee have submitted to the Florida Supreme Court out-of-cycle reports concerning rule amendments proposed by the Commission on Trial Court Performance and Accountability to implement the Commission's Recommendations for the Provision of Court Reporting Services in Florida's Trial Courts. The court invites all interested persons to comment on the proposals, which are reproduced in full below, as well as online at http://www.floridasupremecourt.org/decisions/proposed.shtml. An original and nine paper copies of all comments must be filed with the court on or before November 3, with a certificate of service verifying that a copy has been served on Scott M. Dimond, Chair, Rules of Judicial Administration Committee, 2665 S. Bayshore Dr., Penthouse 2, Miami 33133; John S. Mills, Chair, Appellate Court Rules Committee, 865 May St., Jacksonville 32204-3310; and Robert B. Bennett, Jr., Chair, Commission on Trial Court Performance and Accountability, 2002 Ringling Blvd., Floor 8, Sarasota 34237-7002, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. The chairs have until November 24 to file a response to any comments filed with the court. Electronic copies of all comments also must be filed in accordance with the court's administrative order In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004).

IN THE SUPREME COURT OF FLORIDA

IN RE: AMENDMENTS TO THE FLORIDA RULES OF JUDICIAL ADMINISTRATION AND THE FLORIDA RULES OF APPELLATE PROCEDURE - IMPLEMENTATION OF COMMISSION ON TRIAL COURT PERFORMANCE AND ACCOUNTABILITY RECOMMENDATIONS, CASE NO. SC08-1658

Proposed Amendments to Florida Rules of Judicial Administration RULE 2.420. PUBLIC ACCESS TO JUDICIAL BRANCH RECORDS

(a) [No change]

(b) Definitions.

(1) "Records of the judicial branch" are all records, regardless of physical form, characteristics, or means of transmission, made or received in connection with the transaction of official business by any judicial branch entity and consist of:

(A) "court records," which are the contents of the court file, including the progress docket and other similar records generated to document activity in a case, transcripts filed with the clerk, documentary exhibits in the custody of the clerk, and electronic records, videotapes, or stenographic tapes of depositions or other proceedings filed with the clerk, [begin strikethrough]and electronic records, videotapes, or stenographic tapes of court proceedings[end strikethrough]; and

(B) "administrative records," which are all other records made or received pursuant to court rule, law, or ordinance, or in connection with the transaction of official business by any judicial branch entity, except electronic records of court proceedings that are governed by rule 2.535.

(2)--(3) [No change]

(c)--(f) [No change]

Committee Note

[No change]

RULE 2.535. COURT REPORTING

(a) Definitions.

(1) "Approved court reporter" means a court employee or contractor who performs court reporting services, including transcription, at public expense and who meets the court's certification, training, and other qualifications for court reporting.

(2) "Approved transcriptionist" means a court employee, contractor, or other individual who performs transcription services at public expense and who meets the court's certification, training, and other qualifications for transcribing proceedings.

(3) "Civil court reporter" means a court reporter who performs court reporting services in civil proceedings not required to be reported at public expense, and who meets the court's certification, training, and other qualifications for court reporting.

(4) "Court reporting" means the act of making a verbatim record of the spoken word, whether by the use of written symbols, stenomask equipment, or electronic devices, in any proceedings pending in any of the courts of this state, including all discovery proceedings conducted in connection therewith, any proceedings reported for the court's own use, and all proceedings required by statute to be reported by [begin strikethrough]a certified or official[end strikethrough] an approved court reporter or civil court reporter. It does not mean either the act of taking witness statements not intended for use in court as substantive evidence, [begin strikethrough]or the act of electronic recording and transcription of proceedings as provided for in subdivision (g)(3). [end strikethrough]

(5) "Electronic record" means the audio, analog, digital, or video record of a court proceeding.

(6) "Official record" means the transcript, which is the written record of court proceedings and depositions prepared in accordance with the requirements of subdivision (f).

(b)--(c) [No change]

(d) Ownership of Records. The chief judge of the circuit in which a proceeding is pending, in his or her official capacity, is the owner of all records and electronic records made by an official court reporter or quasi-judicial officer in proceedings required to be reported at public expense and proceedings reported for the court's own use.

[begin strikethrough](d)[end strikethrough] (e) Fees. The chief judge shall have the discretion to adopt an administrative order establishing maximum fees for court reporting services [begin strikethrough]not covered in the plan adopted pursuant to subdivision (g). [end strikethrough] Any such order must make a specific factual finding that the setting of such maximum fees is necessary to ensure access to the courts. Such finding shall include consideration of the number of court reporters in the county or circuit, any past history of fee schedules, and any other relevant factors.

[begin strikethrough](e)[end strikethrough] (f) Transcripts. Transcripts of all judicial...