Florida 6th Circuit now allows people to obtain CourtSmart recordings of court proceedings.
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IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT
IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA
ADMINISTRATIVE ORDER NO. 2009-049 PA/PI-CIR
RE: COURT REPORTING PLAN AND PROCEDURES FOR PUBLIC ACCESS TO ELECTRONIC RECORDINGS OF COURT PROCEEDINGS
Rule of Judicial Administration 2.535 confers authority upon the Chief Judge to develop a court reporting plan. Specifically, Rule 2.535(h)(3) requires the Chief Judge, after consultation with the circuit court and county court judges in the circuit, to enter an administrative order developing and implementing a circuit-wide plan for court reporting of all proceedings required to be reported at public expense using full or part-time court employees or independent contractors. Further, Rule 2.535(h)(4) authorizes the Chief Judge to provide for electronic recording and transcription of proceedings.
It is necessary to amend the Circuit’s court reporting plan due to the Supreme Court’s opinion in 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, 2009 WL 2045399, 34 Fla. L. Weekly S452 (Fla. July 16, 2009) and thus, Administrative Order 2007-079 must be updated. This opinion will become final on August 1, 2009, and accordingly, the procedures adopted in this Administrative Order are divided between proceedings recorded prior to August 1, 2009, and those recorded on or after August 1, 2009. The procedures adopted for proceedings recorded prior to August 1, 2009, provide for notice and an opportunity to be heard prior to release of these recordings because persons may not have been on notice that their private conversations might be released.
Pursuant to the authority of the Chief Judge in Rule of Judicial Administration 2.215, and § 43.26, Florida Statutes, it is
ORDERED:
A. FUNDAMENTALS OF COURT REPORTING PLAN
1. Scope
The court reporting plan set forth in this Administrative Order delineates procedures to be followed for various proceedings on a circuit-wide basis. However, due to insufficient state funded positions, it continues to be necessary at the West Pasco Judicial Center for stenographic contract court reporters to record all trials pursuant to section 394.910 et seq., Florida Statutes; all termination of parental rights trials pursuant to Chapter 39, Florida Statutes; all hearings on the waiver of parental notification of abortion pursuant to section 390.01114, Florida Statutes; all felony trials; and all proceedings in cases where the death penalty could potentially be imposed, including capital postconviction proceedings. When sufficient resources become available, the Court intends to bring the delivery of all court reporting services at the WestPasco Judicial Center into accordance with the court reporting plan for the remainder of the circuit.
In any proceeding in which the type of court reporting equipment or services specified in this Administrative Order are not available, the Administrative Office of the Courts (AOC) may utilize any court-employed court reporter or court equipment, or services with which it has contracted, without further order of the Court. Under emergency or any other exigent circumstances in which contracted services, personnel, or equipment are not available, the AOC may utilize whatever other means of reporting is available under the circumstances, but must notify the Chief Judge of the exigency as soon as possible.
2. Definitions
The term “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.
The term “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.
The term “civil court reporter” means a court reporter who performs court reporting services in civil proceedings not required to be reported at public expense and meets the court’s certification, training, and other qualifications for court reporting. In the Sixth Circuit a “civil court reporter” is a stenographic court reporter who holds a current certification as a Registered Professional Reporter or other higher-level certification from the National Court Reporter’s Association and who has provided documentation of that certification to the AOC; or who otherwise meets standards set by the AOC to provide court reporting services in the Sixth Judicial Circuit.
The term “court-employed stenographic court reporter” means an “approved court reporter” who is employed by the court and who meets the court’s qualifications to perform stenographic court reporting.
The term “court-employed digital court reporter” means an “approved court reporter” who is employed by the court and who meets the court’s qualifications to monitor or transcribe electronic recordings.
The terms “electronic record” or “electronic recording” means the audio, analog, digital, or video record of a court proceeding made using electronic equipment owned or operated by the Sixth Judicial Circuit.
3. The Record
For all proceedings in which the Court is required to provide a record, the “official record” is the transcript, which is the written record of court proceedings as produced by an “approved court reporter” and filed with the Clerk of the Circuit Court. For all other court proceedings, the “official record” is the transcript, which is the written record of court proceedings as produced by a “civil court reporter” and filed with the Clerk of the Circuit Court. The official record does not include CDs, DVDs, tapes, or any other electronic record of a court proceeding nor does it include any transcript of a court proceeding produced by a party or other entity not authorized by this Administrative Order.
Only one official record of a court proceeding may be produced. A transcript of a court proceeding that is not produced by an “approved court reporter” or a “civil court reporter” is not an official record and may not be used in court proceedings.
B. COURT REPORTING PROCEDURES BY COURT DIVISION
1. Circuit Court
a. Appellate Division
The Court does not provide any court reporting services in Appellate Division matters. However, parties wishing to record oral argument in Appellate Division proceedings may use any “civil court reporter” in accordance with Section E of this Administrative Order.
b. Civil Division
Parties in Civil Division proceedings may use any “civil court reporter” in accordance with Section E of this Administrative Order except that all trials in which the Court is required to provide a record, including but not limited to trials under section 394.910 et seq., Florida Statutes, shall be reported by “court-employed stenographic court reporters.” If sufficient “court-employed stenographic court reporters” are not available, such trials may be reported by any other “approved court reporter.”
All other proceedings in which the Court is required to provide a record, including but not limited to those under section 394.910 et seq., Florida Statutes, shall be reported by an “approved court reporter.”
c. Criminal Division
All proceedings except for trials and capital proceedings, which are addressed in Section F of this Administrative Order, shall be reported by “court-employed digital court reporters.” Trials shall be reported by “court-employed stenographic court reporters.” If sufficient “court-employed stenographic court reporters” are not available, such trials may be reported by any other “approved court reporter.”
d. Probate Division
Parties in Probate Division proceedings may use any “civil court reporter” in accordance with Section E of this Administrative Order except that all proceedings in which the Court is required to provide a record, including but not limited to proceedings pursuant to Chapter 744, Florida Statutes, regarding (1) adjudication of incapacity; (2) appointment of a guardian; (3) modification, termination, or revocation of the adjudication of incapacity; or (4) restoration of capacity, shall be reported by an “approved court reporter.”
e. Family Division
Parties in proceedings governed by the Florida Family Law Rules of Procedure may use any “civil court reporter” in accordance with Section E of this Administrative Order except that all proceedings in which the Court is required to provide a record, including but not limited to domestic violence proceedings under section 741.30, Florida Statutes; as well as all dating, sexual, and repeat violence proceedings under Chapter 784, Florida Statutes, shall be reported by an “approved court reporter.”
All proceedings under the Florida Rules of Juvenile Procedure, including trials, shall be reported by “court-employed digital court reporters,” except that termination of parental rights trials pursuant to Chapter 39, Florida Statutes, and proceedings to waive parental notification of abortion pursuant to section 390.01114, Florida Statutes, shall be reported by “court-employed stenographic court reporters.” If sufficient “court-employed stenographic court reporters” are not available, such proceedings shall be reported by any other “approved court reporter.”
2. County Court
a. Civil Division
The Court provides no court reporting services for proceedings in the Civil Division. However, the parties may use any “civil court reporter” in accordance with Section E. of this Administrative Order.
b. Criminal Division
All criminal proceedings, including trials, shall be reported by “court-employed digital court reporters.”
c. Small Claims Division
The Court provides no court reporting services for proceedings in the Small Claims Division. However, the parties may use any “civil court reporter” in accordance with Section E of this Administrative Order.
d. Traffic Division
Civil Proceedings: All civil proceedings in the Traffic Division in Pinellas County shall be reported by electronic recording. The Court provides no court reporting services for civil proceedings in the Traffic Division in Pasco County; however, a party may record a civil traffic infraction hearing in accordance with Florida Rule of Traffic Court 6.460(b).
Criminal Proceedings: All criminal proceedings in the Traffic Division shall be reported by “court-employed digital court reporters.”
C. COURT REPORTING PROCEDURES FOR HEARINGS BEFORE GENERAL MAGISTRATES AND HEARING OFFICERS
All proceedings before general magistrates and hearing officers shall be reported by electronic recording with the exception of hearings before Civil Traffic Infraction Officers in Pasco County as more fully set forth in Section B(2)d of this Administrative Order.
D. COURT REPORTING PROCEDURES FOR HEARINGS COMMENCING OUTSIDE OF REGULAR COURT HOURS
1. General Procedures
The proceedings described in this section will be electronically recorded. If electronic recording is unavailable due to exigent circumstances, the proceeding may be recorded by any other available means, including but not limited to handheld digital voice recorders. The trial clerk and bailiff shall ensure that the recording equipment remains on throughout the proceeding.
Regardless of which recording method is used, the date, time, name of the judge or other presiding official, party names, and case number shall be stated at the outset of the recording. If a handheld digital voice recorder is used, the trial clerk in attendance shall place the recorder in an envelope and label the envelope with the date of the proceedings and the name of the presiding judge. On the next regular court business day, the trial clerk shall deliver the recorder to the digital court reporting department for transfer of the recording to its equipment.
2. First Appearance Hearings (Advisories) Pursuant to the Florida Rules of Criminal Procedure or Juvenile Procedure
Advisories commenced on weekends, holidays or at any other time outside of regular court hours shall be electronically recorded. In Pinellas County, jail personnel shall be responsible for ensuring that the electronic recording equipment is started prior to the commencement of the proceedings. In Pasco County, the AOC shall be responsible for ensuring that electronic recording equipment is set to automatically record proceedings from 8:00 a.m. until 3:00 p.m. on weekends and holidays. The trial clerk and bailiff shall be responsible for back-up recording via handheld digital voice recorders.
3. Chapter 39 Shelter Hearings and Proceedings to Waive Parental Notification of Abortion
Shelter hearings pursuant to Chapter 39, Florida Statutes, and proceedings to waive parental notification of abortion pursuant to section 390.01114, Florida Statutes, which are commenced on weekends, holidays, or any other time outside of regular court hours shall be electronically recorded. In Pinellas County, the AOC shall be responsible for ensuring that the electronic computer recording equipment is started prior to the commencement of the proceedings. In Pasco County, the AOC shall be responsible for ensuring that electronic recording equipment is set to automatically record proceedings from 8:00 am until 3:00 pm on weekends and holidays. The trial clerk and bailiff shall be responsible for back-up recording via handheld digital voice recorders.
E. COURT REPORTING PROCEDURES WHERE THE COURT DOES NOT PROVIDE A RECORD
1. If a party wishes to make a record of a court proceeding for which the Court does not provide a record as delineated in this Administrative Order, it is the responsibility of the party or the party’s attorney to secure the services of a “civil court reporter,” as defined in this Administrative Order.
2. All notices of hearings for proceedings where the Court does not provide a record must specify whether the party setting a matter for hearing will be securing the services of a court reporter; and, if so, the name and address of the court reporter. All costs associated with the court reporter’s appearance will be the responsibility of the party requesting the court reporter. This does not preclude the taxation of costs as authorized by law. See Florida Rule of Judicial Administration 2.535(b).
3. Only “civil court reporters” as defined in this Administrative Order may be used. If a court reporter arrives to report a particular proceeding but is not a “civil court reporter,” the judge may, after inquiry to determine the qualifications of the reporter, authorize the individual reporter to report a specific proceeding.
F. COURT REPORTING PROCEDURES IN CAPITAL CASES
1. Any proceeding involving the potential or actual imposition of the death penalty, including but not limited to pretrial hearings, trials, sentencing hearings, and postconviction hearings, shall be reported by a “court-employed stenographic court reporter” or a contract stenographic court reporter.
2. When a jury returns a verdict of guilty as charged in a case where the State is seeking the death penalty, the judge should orally instruct the court reporter to immediately begin transcribing the trial as well as any hearings conducted by any judge throughout the pendency of the case.
3. Upon the imposition of the death penalty, the judge should orally instruct the court reporter to immediately begin transcribing the penalty phase of the trial, the Spencer hearing, any other hearings held after the verdict but prior to sentencing, and the actual sentencing hearing.
4. At the conclusion of a case management conference, Rule 3.850 or 3.851 evidentiary hearing, or any other evidentiary post-conviction hearings in a case in which a death sentence has been imposed, the judge conducting the hearing should orally instruct the court reporter to immediately begin to transcribe the hearing(s).
5. Where immediate transcription instructions are given pursuant to paragraphs F(2) –(4) of this Administrative Order, the trial judge should also notify the Pasco Administrative Judge or the Pinellas Criminal Administrative Judge, as appropriate, who shall enter a written order authorizing the transcript(s).
6. Where immediate transcription instructions in a death penalty proceeding are required by this Administrative Order but are not given, the State Attorney or defense attorney shall move for transcription of the relevant proceedings and prepare an order to transcribe for the signature of the appropriate administrative judge.
7. Any order to transcribe issued pursuant this section shall also be construed as a designation to the court reporter and, unless a different timeframe is ordered by the Court, the transcript of the designated proceeding(s) shall be prepared within thirty (30) days. Court-employed and contract court reporters reporting death penalty proceedings shall use reporting methods, including but not limited to the measures set out in Rule 2.535(i)(1), (2), and (3) to ensure that transcripts are prepared expeditiously. However, nothing in this Administrative Order shall be construed to authorize payment for court reporting services beyond the regular contract rates. Payment beyond the regular contract rates may be authorized only by order of the Chief Judge.
8. All case transcripts in capital cases must be emailed to the Supreme Court of Florida in accordance with Supreme Court Administrative Order No. AOSC04-84 or any subsequent administrative order of the Supreme Court regarding electronic filing of transcripts in capital cases.
9. Real-time reporting procedures may be used only when specifically authorized by the Chief Judge.
G. COURT REPORTING PROCEDURES RELATED TO ELECTRONIC RECORDING
1. Notice to court participants and the public
All persons entering a courtroom in the Sixth Judicial Circuit are hereby notified that electronic recording equipment is in use and that anything said in the courtroom may be electronically recorded and released upon request. Persons should safeguard information they do not want recorded.
2. Participant Functions
In order to ensure an accurate record of proceedings using electronic recording equipment, all participants must comply with the following procedures:
a. All court participants in the courtroom, including Clerks of Court, bailiffs, attorneys, and employees of the Court shall:
(i) If unable to easily hear a participant in the proceedings, remind the judge that the participants need to speak with sufficient volume for the system to make an accurate recording,
(ii) Not tamper with microphones or electronic recording equipment, and
(iii) Immediately notify the Judge when it appears that someone is tampering with or has tampered with the electronic recording equipment.
b. Bailiffs shall:
(i) Ensure that no one tampers with microphones or the electronic recording equipment,
(ii) Promptly notify the Court of any evidence that the microphones or electronic recording equipment is not functioning properly,
(iii) Promptly notify the Court when a microphone at an attorney’s table is left muted after a private conversation, and
(iv) Remind participants to speak into the microphone.
c. The Court Clerk shall notify the “court-employed digital court reporter” by calling the digital court reporting control room when proceedings are about to begin or when they have concluded.
d. The Judge shall:
(i) Remind participants to speak into the microphone and answer verbally,
(ii) If the judge observes or is otherwise informed that equipment has been tampered with or is malfunctioning, notify the Administrative Office of the Courts,
(iii) If the judge observes participants being careless with equipment, remind participants to protect the court’s equipment, and
(iv) If unable to easily hear a participant in the proceedings, remind the participants to speak with sufficient volume for the system to make an accurate recording.
e. Attorneys and parties shall:
(i) Speak clearly and speak into the microphone,
(ii) Not tamper with microphones or electronic recording equipment,
(iii) Ensure that microphones are on for all non-private communications,
(iv) Ensure that the microphone is muted for private communications, where mutable microphones are provided,
(v) Remember that non-verbal communication is not recorded,
(vi) Identify themselves for the record, and
(vii) Take all reasonable and available precautions to protect disclosure of confidential communications in the courtroom. Such precautions may include muting microphones or going to a designated location that is inaccessible to the recording equipment.
3. Administrative Office of the Courts Responsibilities
a. Except for general magistrates and hearing officers, all AOC staff who have access to electronic recording equipment, including but not limited to all “approved court reporters” and Court Technology Office staff, shall execute an oath acknowledging their responsibilities to the Court. New employees shall execute the oath prior to assuming duties.
b. AOC personnel shall operate and maintain equipment so that an accurate recording is made. If the sound quality of a proceeding drops to a level that brings into question the ability to transcribe the proceeding, the judge shall be notified immediately.
c. AOC personnel shall ensure that the electronic recording equipment will reliably provide for recording of the proceeding. For proceedings using electronic recording equipment, the AOC shall ensure that the proceeding is recorded to a hard drive and backed up on a server. The data shall be removed from the server and burned to a CD or DVD on a periodic basis. The AOC shall maintain the CD or DVD for the period of time prescribed by the Rules of Judicial Administration. Proceedings shall be properly identified, and shall be maintained in a manner that facilitates locating specific court proceedings for purposes of obtaining a transcript.
d. “Approved court reporters” and “approved transcriptionists” shall prepare transcripts of proceedings in accordance with procedures developed by the AOC. Such procedures shall include, but not be limited to, standards for addressing off-the-record discussions; sidebar conferences; and attorney-client conversations not directed to the Court. “Approved court reporters” and “approved transcriptionists” shall also certify the correctness of the transcript prepared.
If sufficient “court-employed digital court reporters” are not available to prepare transcripts in a timely fashion, the AOC shall arrange for transcription by a “court-employed stenographic court reporter” or “approved transcriptionist” who shall transcribe in accordance with procedures developed by the AOC. The transcript produced by the AOC or “approved transcriptionist” is the official record of the proceeding as more fully detailed in Section A(3) of this Administrative Order.
e. AOC personnel shall prepare and post notice to persons in all courtrooms that electronic recording equipment is in use and that persons should safeguard information they do not want recorded.
4. Protection of Equipment
In order to ensure a reliable record of proceedings using electronic recording, microphones and other electronic equipment must be protected. Any willful act that disables or circumvents the proper recording of a proceeding, or any willful destruction of such equipment will be treated as contempt of court and will be enforced in accordance with Rule of Criminal Procedure 3.830 or 3.840.
5. Access to Control Room
Access to any electronic recording monitoring location is strictly limited to those court employees whose job functions require access. Access by any other individual is strictly prohibited absent a specific authorization granted by the Chief Judge.
H. MISCELLANEOUS COURT REPORTING PROCEDURES
1. A court reporter reporting a deposition may report a hearing to have a certified question answered regardless of whether the matter would normally be reported by the Court.
2. Hearings of administrative agencies conducted in court facilities may be reported by the agency’s own reporters.
3. The State Attorney, Public Defender, and Regional Counsel shall decide how court reporting services will be provided to their offices.
I. PROCEDURES FOR ORDERING WRITTEN TRANSCRIPTS
1. Any person may order a written transcript of a court proceeding except that proceedings under the Rules of Juvenile Procedure, Baker Act proceedings, or any other statutorily exempt proceeding shall only be provided to those persons authorized by law.
2. Requests for a written transcript of proceedings should be made in writing utilizing the Transcript Request Form found at www.jud6.org. In Pinellas County, this form should be submitted to the Administrative Office of the Courts, 14250 49th Street North, Suite
H-2000, Clearwater, FL 33762, or via email to jm...@jud6.org. In East Pasco County, this form should be submitted to the Administrative Office of the Courts, Court Reporting Department, 38053 Live Oak Avenue, Suite 124, Dade City, FL 33523, or via email to eprep...@jud6.org. In West Pasco County, this form should be submitted to the Administrative Office of the Courts, Court Reporting Department, 7530 Little Road, Room 203, New Port Richey, FL 34654, or via email to wprep...@jud6.org.
3. Any request must include sufficient information necessary to identify the proceeding, including the date of the proceeding, name of the presiding judge, the case name and Uniform Case Number, portion of the proceedings requested, and whether the proceeding was stenographically or electronically reported.
4. Any transcript produced by the AOC or a contract court reporter will be filed with the Clerk of the Circuit Court unless the Court orders otherwise or unless a rule of court provides otherwise.
5. All transcript requests submitted to the Court require a 50% deposit before the transcript will be produced or the request must be accompanied by an order to transcribe. The balance must be paid prior to receipt of the transcript. Rates for production of transcripts will be in accordance with separate Administrative Orders establishing rates for court reporting services. Except as otherwise provided, the AOC will not release a transcript until payment has been made in full. All payments must be by check or money order made payable to the State of Florida. No refunds will be issued to a person who cancels his or her request.
6. Counsel of record who are members in good standing of The Florida Bar and who also have an account in good standing may order an expedited transcript from the Court without paying a deposit. However, counsel must pay for the entire cost of the transcript prior to receipt. An account is in good standing when counsel has paid for all previously ordered transcripts and CDs.
7. Transcripts requested by the Public Defender or State Attorney shall be billed in accordance with procedures established by the Trial Court Budget Commission. Where a defendant is represented by the Regional Counsel, by the Capital Collateral Regional Counsel, by an attorney appointed from the Registry of the Sixth Judicial Circuit, or by an attorney appointed from the Registry of the Commission on Capital Cases the transcript shall be provided without prepayment. Costs will be paid from the budget of the State Attorney, the Public Defender, the Justice Administrative Commission, or by the Chief Financial Officer as applicable.
8. Prepayment is not required for transcripts requested by the Guardian ad Litem Program or by Pasco or Pinellas Counties. The prepayment requirement may also be waived for other governmental entities by order of the Chief Judge. In the event that a governmental entity does not timely pay for received transcripts or CDs and does not have a cost sharing agreement with the Court, the Chief Judge may reinstate the prepayment requirement without further amendment to this Administrative Order.
J. PROCEDURES FOR PUBLIC RECORDS REQUESTS FOR AUDIO RECORDINGS OF COURT PROCEEDINGS
1. Any person may order an audio recording of a court proceeding as detailed below except that proceedings under the Rules of Juvenile Procedure, Baker Act proceedings, and any other statutorily exempt proceeding shall only be provided to those persons statutorily authorized to obtain the record or to those persons who obtain a court order in accordance with the applicable statutory provisions.
2. Requests for an audio recording of proceedings must be made in writing and should be made using the Audio CD Request Form found on the internet at www.jud6.org. In Pinellas County, this form should be submitted to the Administrative Office of the Courts, Suite H-2000, 14250 49th Street North, Clearwater, FL 33762, or via email to jm...@jud6.org. In East Pasco County, this form should be submitted to the Administrative Office of the Courts, Court Reporting Department, 38053 Live Oak Avenue, Dade City, FL 33523, or via email to eprep...@jud6.org. In West Pasco County, this form should be submitted to the Administrative Office of the Courts, Court Reporting Department, 7530 Little Road, New Port Richey, FL 34654, or via email to wprep...@jud6.org. The request form must include a notice that the CD cannot be used in subsequent court proceedings and inform the requestor of the procedures to obtain a transcript.
3. The request must include sufficient information necessary to identify the proceeding, including the date of the proceeding, name of the presiding judge, the case name, the Uniform Case Number, and the portion of the proceedings requested.
4. For requests for an audio CD of court proceedings occurring on or after August 1, 2009, the AOC will prepare the audio CD without any review or redaction of confidential or exempt information or non-record conversations contained in the recording.
5. For requests for an audio CD of court proceedings occurring prior to August 1, 2009, the requestor must certify that they have provided notice to the other parties and include the address(es) to which notice was provided. The notice shall be in a form substantially similar to Form A, Notice of Request for Audio Recording, attached to this Administrative Order. The notice must inform other parties to the proceeding that the requestor is seeking release of the audio recording of a court proceeding, the case name, date and time of the proceeding, and that if they fail to object within 10 days of receipt of the notice, the audio will be released. If a party objects to release of the audio, and the court finds good cause to redact confidential or exempt information or non-record conversations, or as otherwise directed by the Court, the AOC will prepare the audio CD in a manner that does not include confidential or exempt information or non-record conversations. The requestor must pay for the extra time to prepare an audio CD that does not include confidential or exempt information or non-record conversations.
6. When an audio CD of court proceedings is released, the CD shall include a disclaimer that it is not the official record of court proceedings and that it is not to be used in subsequent court proceedings.
7. Upon completion of the request, the AOC shall file the Audio CD Request Form in the court file with a notation that the CD was provided to the requestor.
8. The AOC is directed to use its best efforts to provide a CD within 10 business days. Requests for transcripts for use in court proceedings take priority over public records requests for an audio CD. The recording is made for the purpose of preparing transcripts for subsequent court proceedings and giving priority to transcripts will help to avoid costly delays in the processing of cases. However, public records requests must be responded to in a reasonable time.
9. All requests for an audio CD of court proceedings require a 50% deposit before the CD will be produced. The balance must be paid prior to receipt of the CD. All payments must be by check or money order and be made payable to the State of Florida. No refunds will be issued to a requestor who cancels his or her request.
10. Counsel of record who are members in good standing of The Florida Bar and who also have an account in good standing may order an audio without paying a deposit. However, counsel must pay for the entire cost of the CD prior to receipt. An account is in good standing when counsel has paid for all previously ordered transcripts and CDs.
11. Requests for an audio CD from the State Attorney or Public Defender shall be billed in accordance with procedures established by the Trial Court Budget Commission. Requests for audio from the Regional Counsel, the Capital Collateral Regional Counsel, an attorney appointed from the Registry of the Sixth Judicial Circuit, or an attorney appointed from the Registry of the Commission on Capital Cases shall be provided without prepayment. Costs will be paid from the budget of the State Attorney, the Public Defender, the Justice Administrative Commission, or by the Chief Financial Officer, as applicable.
12. Prepayment is not required for audio CDs requested by the Guardian ad Litem Program or by Pasco or Pinellas Counties. The prepayment requirement may also be waived for other governmental entities by order of the Chief Judge. In the event that a governmental entity does not timely pay for received transcripts or CDs and does not have a cost sharing agreement with the court, the Chief Judge may reinstate the a prepayment requirement without further amendment to this Administrative Order.
13. The following fees are established for providing copies of audio recordings of court proceedings:
|
TIME REQUESTED |
COST |
|
|
|
|
ROUTINE: within 10 business days of the request |
$25.00 per session up to 6 hours |
|
|
|
|
EXPEDITED: Within seven business days of the request |
$40.00 per session up to 6 hours |
|
|
|
|
EXPEDITED: within two business days of the request |
$50.00 per session up to 6 hours |
|
|
|
In addition to the fees for a copy of the recording listed above, the listening fee established in Administrative Order 2007-080 which is currently $15 per quarter hour, may be charged for requests that require extensive use of staff time.
Nothing in this Administrative Order precludes the State Attorney, Public Defender, or Regional Counsel from entering a memorandum of understanding with the Court regarding requests for audio recordings of court proceedings.
Administrative Order 2007-079 is hereby rescinded. All terms and conditions of Administrative Order 2007-080 remain in full force and effect.
DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida, this 31st day of July, 2009.
____________________________
J. Thomas McGrady, Chief Judge
Attachments:
cc: All Judges
The Honorable Bernie McCabe, State Attorney
The Honorable Bob Dillinger, Public Defender
The Honorable Ken Burke, Clerk of the Circuit Court, Pinellas County
The Honorable Paula S. O’Neil, Clerk of the Circuit Court, Pasco County
Jackson Flyte, Regional Counsel
Gay L. Inskeep, Trial Courts Administrator
Suzanne Mucklow, Executive Director, Pinellas County Clerk’s Office
Debbie Gay, Assistant Court Services Director, Pasco County Clerk’s Office
Kerry L. Rice, Deputy Courts Administrator, Pasco County
Law Libraries, Pasco and Pinellas Counties
Bar Associations, Pasco and Pinellas Counties
Court contract court reporting firms
FORM A
IN THE CIRCUIT/COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PASCO/PINELLAS COUNTY, FLORIDA
__________________________________,
State of Florida / Petitioner UCN: ________________________
REF: _____________________
vs.
__________________________________,
Defendant / Respondent.
____________________________________ /
NOTICE OF REQUEST FOR AUDIO RECORDING
TO OTHER PARTIES:
NAME(s): _________________________ ________________________
ADDRESS(s): _________________________ ________________________
_________________________ ________________________
PLEASE TAKE NOTICE that the undersigned is seeking release of the audio recording of the following court proceeding:
DATE/TIME _______________________________
JUDGE/LOCATION _______________________________
IF YOU FAIL TO OBJECT WITHIN TEN (10) DAYS OF RECEIPT OF THIS NOTICE, THE DIGITAL COURT REPORTING DEPARTMENT WILL RELEASE THE AUDIO OF THIS PROCEEDING.
IF YOU OBJECT TO THE RELEASE, YOU MAY USE FORM B “OBJECTION TO RELEASE OF AUDIO RECORDING” POSTED AT www.jud6.org. Objections must be filed with the Clerk of the Circuit Court with a copy to the Digital Court Reporting Department and all other parties.
Please govern yourself accordingly.
I HEREBY CERTIFY that a copy of this Notice has been furnished by mail/hand delivery/personal service to the persons listed above.
_______________________ ______________________________________________
Dated Signature of Person Requesting Audio
Print Name: ____________________________________
Address:_______________________________________
_______________________________________
Telephone:_____________________________________
FORM B
IN THE CIRCUIT/COUNTY COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PASCO/PINELLAS COUNTY, FLORIDA
__________________________,
State of Florida / Petitioner UCN: ________________________
REF: _____________________
vs.
___________________________,
Defendant / Respondent.
____________________________________ /
OBJECTION TO RELEASE OF AUDIO RECORDING
PLEASE TAKE NOTICE that the undersigned hereby objects to the release the audio of proceedings in this case for the following reasons:
This entire proceeding is confidential by statute.
I have reason to believe that the audio contains privileged communications.
I have reason to believe that the audio contains non-record communications.
Other: _________________________________________________________.
YOU MUST FILE THIS OBJECTION WITH THE CLERK OF THE CIRCUIT COURT AND PROVIDE A COPY TO THE DIGITAL COURT REPORTING DEPARTMENT WITHIN TEN (10) DAYS OF YOUR RECEIPT OF THE NOTICE OF REQUEST.
I hereby request a hearing before the above said audio is released.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of this Objection has been furnished by mail/hand delivery/personal service to the persons listed below and to the Administrative Office of the Courts, Digital Court Reporting Department, this ___day of ________20__.
Parties:
Name__________________________ Name____________________________
Address_________________________ Address___________________________
_______________________________ _________________________________
Administrative Office of the Courts, Digital Court Reporting Department:
Pinellas: 14250 49th Street North, Suite H2000, Clearwater, FL 33762
West Pasco: 7530 Little Road, Rm 203, New Port Richey, FL 34654
East Pasco: 38053 Live Oak Avenue, Suite 124, Dade City, FL 33523
Dated:_________________________ Signature of Party _______________________________
Print Name:________________________________________
Address:_______________________________________
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