Supreme Court of Florida
____________
No. SC16-330
____________
IN RE: AMENDMENTS TO FLORIDA RULE
OF JUDICIAL ADMINISTRATION 2.535.
[March 24, 2016]
PER CURIAM.
This Court, on its own motion, amends Florida Rule of Judicial
Administration 2.535(i) (Court Reporting Services in Capital Cases) to ensure the
accuracy of transcripts by clarifying that the rule requires the use of a live court
reporter in all trials in which the state seeks the death penalty and in all capital
postconviction proceedings. See Fla. R. Jud. Admin. 2.140(d). We have
jurisdiction. See art. V, § 2(a), Fla. Const.
BACKGROUND
Effective January 1, 2015, the Court amended rule 2.535(i), as proposed by
the Capital Postconviction Proceedings Subcommittee (Subcommittee) of the
Criminal Court Steering Committee, “to prohibit the use of digital court reporting
as the primary court reporting system in trials where the state seeks the death
penalty or in capital postconviction proceedings.” In re Amend. Fla. Rules of Jud.
Admin.; Fla. Rules of Crim. Pro.; & Fla. Rules of App. Pro.—Capital
Postconviction Rules, 148 So. 3d 1171, 1173 (Fla. 2014). In proposing the
amendment, the Subcommittee’s goal was that “the circuit courts will use real-time
transcription services to the extent possible.” Id. As last amended, rule 2.535(i)
provides, as relevant here, that each circuit-wide plan for court reporting in all
trials in which the state seeks the death penalty and in all capital postconviction
proceedings must prohibit the use of digital court reporting as the primary court
reporting system and must require (1) where available, the use of an approved
court reporter who has the capacity to provide real-time transcription of the
proceedings, and (2) if real-time transcription services are not available, the use of
a computer-aided transcription qualified court reporter.
AMENDMENT
We amend rule 2.535(i) to remove the word “primary” from the phrase in
the rule “must prohibit the use of digital court reporting as the primary court
reporting system.” (Emphasis added.) This clarification of the rule is consistent
with the Subcommittee’s and this Court’s original intent that each circuit-wide plan
ensure accurate, intelligible transcripts of these important proceedings by requiring
the use of a live court reporter.
-2-
Accordingly, we amend Florida Rule of Judicial Administration 2.535 as set
forth in the appendix to this opinion. New language is indicated by underscoring;
deletions are indicated by struck-through type. The amendment shall become
effective immediately upon the release of this opinion. Because the amendments
were not published for comment prior to their adoption, interested persons shall
have sixty days from the date of this opinion in which to file comments with the
Court.1
It is so ordered.
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON,
and PERRY, JJ., concur.
1. All comments must be filed with the Court on or before May 23, 2016,
with 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. If filed by an
attorney in good standing with The Florida Bar, the comment must be
electronically filed via the Florida Courts E-Filing Portal in accordance with In re
Electronic Filing in the Supreme Court of Florida via the Florida Courts E-Filing
Portal, Fla. Admin. Order No. AOSC13-7 (Feb. 18, 2013). If filed by a nonlawyer
or a lawyer not licensed to practice in Florida, the comment must be electronically
filed via e-mail in accordance with In re Mandatory Submission of Electronic
Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004).
Electronically filed documents must be submitted in Microsoft Word 97 or higher.
Any person unable to submit a comment electronically must mail or hand-deliver
the originally signed comment to the Florida Supreme Court, Office of the Clerk,
500 South Duval Street, Tallahassee, Florida 32399-1927; no additional copies are
required or will be accepted.
-3-
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE
EFFECTIVE DATE OF THESE AMENDMENTS.
Original Proceeding – Florida Rules of Judicial Administration
-4-
APPENDIX
RULE 2.535. COURT REPORTING
(a) – (h) [No change]
(i) Court Reporting Services in Capital Cases. The chief judge, after
consultation with the circuit court judges in the circuit, shall enter an
administrative order developing and implementing a circuit-wide plan for court
reporting in all trials in which the state seeks the death penalty and in capital
postconviction proceedings. The plan shall prohibit the use of digital court
reporting as the primary court reporting system and shall require the use of all
measures necessary to expedite the preparation of the transcript, including but not
limited to:
(1) where available, the use of an approved court reporter who has
the capacity to provide real-time transcription of the proceedings;
(2) if real-time transcription services are not available, the use of a
computer-aided transcription qualified court reporter;
(3) the use of scopists, text editors, alternating court reporters, or
other means to expedite the finalization of the certified transcript; and
(4) the imposition of reasonable restrictions on work assignments
by employee or contract approved court reporters to ensure that transcript
production in capital cases is given a priority.
(j) [No change]
Committee Note
[No change]
-5-