IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT

IN AND FOR HARDEE, HIGHLANDS AND POLK COUNTIES, FLORIDA

WHEREAS, the Supreme Court of Florida in Florida Rule of Judicial Administration 2.070(g)(2), requires the chief judge of each circuit to "enter an administrative order developing and implementing a circuit-wide plan for the court reporting of all proceedings required to be reported at public expense" clearly establishing the status of personnel involved; and

WHEREAS, Florida Rule of Judicial Administration 2.070(g)(2), further sets out that the court reporting plan "may provide for multiple service delivery strategies if they are necessary to ensure the efficient provision of court reporting services"; and

WHEREAS, the accurate recording of trial proceedings is essential to the judicial process and it is the responsibility of the court to ensure that the record of court proceedings and testimony is properly taken and preserved; and

WHEREAS, the Court has a responsibility to ensure that reporting services are rendered efficiently and economically; and

WHEREAS, since the entry of Administrative Order No. 1-22.2, there have been significant changes in the operation of the Electronic Court Reporter’s Office (ECR Office) the following is hereby adopted as the Tenth Circuit’s Administrative Plan for the Provision of Court Reporting Services.

The Tenth Circuit will contract with independent contractors for the provision of certain court reporting services and will also utilize employees of the Electronic Court Reporter’s Office for certain court reporting services in Hardee, Highlands and Polk Counties as outlined below.

Independent contractors, when available, will provide live, in-court court reporting services only for certain felony jury trials (including voir dire), termination of parental rights trials in the juvenile dependency division and all pre-trial and post-trial matters relating to criminal cases wherein the death penalty is being sought. The contracts associated with the provision of these services are attached hereto as "Exhibit A" - Wasilewski Reporting Service; "Exhibit B" – Coker Reporting; "Exhibit C" – McGill & Associates; "Exhibit D" – Merit Professional Reporting; "Exhibit E" – Paragon Reporting; and "Exhibit F" – Reliable Reporting. The Chief Judge will designate other matters to be recorded electronically, which will be accomplished through the ECR Office. The ECR Office is staffed by employees of the Tenth Judicial Circuit under the direction of the Chief Judge and the Trial Court Administrator. The policies and procedures and fee schedule associated with the work product of the ECR Office are attached hereto as "Exhibit G".

No family, probate, mental health, public health or civil matters will be recorded utilizing public funds except as provided by statute. (See, e.g., Florida Statutes Section 394.4598, concerning the appointment of a guardian advocate; Section 394.3655, concerning involuntary outpatient placement; Section 394.467, concerning involuntary inpatient placement in mental health cases; Section 744.109, concerning guardianship cases; and Section 741.30, concerning domestic violence cases. This is not an all-inclusive list.)

The ECR Office is hereby designated as the "Official Court Reporter," having the responsibility of providing the official record of the proceedings, for all matters it records as set forth above. If a matter is being recorded by ECR Office, and a litigant provides a private court reporter, the official record will be kept by the ECR Office. When a live court reporter appears at public expense, that court reporter shall be designated as the "Official Court Reporter" and the ECR Office shall not be responsible for recording the proceedings.

The Court Reporter Oversight Committee shall be comprised of several judges, representatives from court administration, and any other court personnel who may have specialized knowledge in the field of court reporting which could prove beneficial to the committee. The committee will determine the specifications and requirements of the contracts. The committee will also determine the successful contractor. Once a contract is entered into, it will be the responsibility of the committee to monitor the services provided under the contract and take actions as necessary to ensure smooth operation of the contract.

Former Official Court Reporters and contract court reporters shall be responsible for storage of stenographic notes as statutorily required and for providing requested transcripts for proceedings taken by the court reporters office.

Administrative Order No. 1-22.2, entered October 1, 2001, is hereby VACATED.

DONE AND ORDERED on this 15th day of December 2005.

RONALD A. HERRING

Chief Judge

Updated 8-9-07