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IN THE SUPREME COURT OF FLORIDA
IN RE: CERTIFICATION AND REGULATION CASE NO. OF COURT REPORTERS_____________________________/
REPORT OF THE COURT REPORTERCERTIFICATION PLANNING COMMITTEE
ANDPETITION TO ADOPT RULES FOR CERTIFICATION
AND REGULATION OF COURT REPORTERS AND AMENDMENTSTO RULE OF JUDICIAL ADMINISTRATION 2.070_____________________________________
Pursuant to the Court's Administrative Order of November 6,
1995, your Court Reporter Certification Planning Committee submits
the following report, and petitions the Court to adopt (1) the
Committee's proposed Rules for Certification and Regulation of
Court Reporters (see Appendix A) and (2) proposed amendments to
Rule of Judicial Administration 2.070 (see Appendix B) approved by
The Florida Bar Rules of Judicial Administration Committee and
intended, in part, to implement the proposed certification rules.
I.Introduction
By an Administrative Order dated November 6, 1995 (see
Appendix C), the Court created the Court Reporter Certification
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Planning Committee "to evaluate the feasibility of and alternatives
for a certification process for court reporters, as authorized by
section 25.383, Florida Statutes." The Court designated the
Committee's members as follows:
The Honorable Peter D. Webster, ChairJudge, First District Court of Appeal
The Honorable Susan E. SchaefferChief Judge, Sixth Judicial Circuit
The Honorable C. McFerrin SmithJudge, Seventh Judicial Circuit
The Honorable Robert DiazJudge, Broward County
Mr. John C. ByersCourt Administrator, Twelfth Judicial Circuit
Mr. David A. JonesAttorney, Orlando
Mr. Bruce J. BermanAttorney, Miami
Mr. Robert EppersStenographer, Dade City
Ms. Judy EvermanStenographer, West Palm Beach
Ms. Vicki JohnsonStenographer, Gainesville
Ms. Charlene BowmanStenomask Reporter, St. Petersburg
Ms. Louan RoeElectronic Reporter, Orlando.
The Committee's charge included developing a "provisional
certification program" that might be implemented pending
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development and adoption of a permanent program for certification
of court reporters; developing "proposed rules and administrative
policies pertaining to a permanent certification process" for court
reporters; and "[p]etition[ing] the [C]ourt for the adoption of the
proposed rules and related attendant policies governing court
reporting certification." In carrying out its charge, the
Committee was directed to "consider the proposed rules and
materials considered by the Court in In Re: Amendments to Florida
Rules of Judicial Administration--Rule 2.070(a), (b), (c) and (d)--
Certification and Regulation of Court Reporters, 595 So. 2d 928
(Fla. 1992)."
II.Historical Background
The history regarding regulation of court reporters in Florida
dates to at least 1965, when the legislature passed an "act . . .
designed to encourage proficiency in the practice of shorthand
court reporting as a profession; to promote efficiency in court
reporting and to extend to the courts and to the public the
protection afforded by a standard profession by establishing a
standard of competency for those engaged in it." Ch. 65-326, § 1,
at 1102-03, Laws of Fla. This certification program, which was
supervised by the Department of Business Regulation, proved to be
ineffective in achieving its stated goals, largely because of its
4
voluntary nature. Accordingly, it was repealed effective July 1,
1978. Ch. 76-168, § 3(1)(hh), at 296-97, Laws of Fla.
The organization then known as the Florida Shorthand Reporters
Association (now the Florida Court Reporters Association) began
pressing for the development of a mandatory certification program,
which would be subject to the Court's supervision. In the early
1980's, that Association began attempting to draft a set of
proposed rules to govern the court reporting profession. Over the
course of the next several years, a number of entities, including
a study committee created by this Court and the Office of the State
Courts Administrator, contributed to the process.
In 1989, a proposal was submitted by the Florida Shorthand
Reporters Association to The Florida Bar Rules of Judicial
Administration Committee, and that Committee began work on a set of
proposed rules for the certification and regulation of court
reporters.
In 1990, again largely due to the efforts of the Florida
Shorthand Reporters Association, the legislature passed the
following act (to become effective on October 1, 1990):
Standards for court reporters; procedures;rules of professional conduct, discipline, andtraining; fees.--The Supreme Court shallestablish minimum standards and procedures forqualifications, certification, discipline, andtraining for court reporters. The SupremeCourt is authorized to set fees to be chargedto applicants for certification and renewal ofcertification. The revenues generated fromsuch fees shall be used to offset the costs of
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administration of the certification process.The Supreme Court may appoint or employ suchpersonnel as are necessary to assist the courtin exercising its powers and performing itsduties under this section.
Ch. 90-188, § 9, at 856, Laws of Fla. (now codified as § 25.383,
Fla. Stat.). Meanwhile, The Florida Bar Rules of Judicial
Administration Committee continued its work on a set of proposed
rules, receiving input and assistance from the Florida Association
of Verbatim Reporters, and the Florida Electronic Reporters
Association, as well as from the Florida Shorthand Reporters
Association. On November 29, 1990, the Rules of Judicial
Administration Committee submitted its proposed rules (see Appendix
D) to the Court, urging approval. Comments on those proposed rules
were submitted by the Florida Shorthand Reporters Association, the
Florida Association of Verbatim Reporters, the Florida Electronic
Reporters Association and the Office of the State Courts
Administrator.
Following careful consideration of the views presented to it,
on January 16, 1992, the Court issued its opinion on the petition
urging adoption of the proposed rules. In re Amendments to Florida
Rules of Judicial Administration--Rule 2.070(a), (b), (c) and (d)--
Certification and Regulation of Court Reporters, 595 So. 2d 928
(Fla. 1992). While the Court approved a substantial portion of the
proposed rules "in principle," there were several which it found
troubling. Among the proposed rules about which it expressed
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concern were those which: required some, but not all, applicants to
establish that they had satisfactorily completed a prescribed
course of study; dealt with procedure in disciplinary actions;
addressed how the qualifying examination would be developed, and by
whom; and "grandfathered in" certain practicing reporters. The
Court also expressed concern about: the perceived lack of
sufficient flexibility to encourage technological innovation; the
lack of any concrete proposal for independent review of
disciplinary decisions; and the lack of sufficient funds in the
judicial branch to implement the program. Accordingly, it denied
the request to adopt the proposed rules.
In November 1995, the Court revisited the subject, creating
the Court Reporter Certification Planning Committee, and charging
it with the responsibilities previously discussed.
III.Summary of the Committee's Work
The Committee held its first meeting on February 28, 1996.
During the course of the following year, it held five additional
meetings. (Copies of the minutes of those meetings may be found in
Appendix E.) The first meeting was devoted to a recitation of the
history of court reporter certification efforts in Florida; the
need for a certification program; types of court reporting; and
what the Florida Court Reporters Association (previously the
7
Florida Shorthand Reporters Association) envisioned such a program
might include. The court-reporter members were unanimous in their
view that there was a demonstrated need for a certification program
in Florida, and that it must be mandatory if it is to work. They
asserted that there were a significant number of people working in
the profession who were unqualified to do so, and that only a
mandatory certification program would ensure that all of those
holding themselves out as court reporters possessed the minimum
qualifications necessary competently to perform the work entrusted
to them.
At a relatively early stage, the Committee reached consensus
that a certification program is necessary, and that only a
mandatory program is likely to achieve the desired goal of ensuring
minimum standards of proficiency. The Committee also agreed at an
early stage that there was no need to develop two programs, one
interim and the other permanent. It was felt that to do so would
involve unnecessary duplication. Instead, the Committee agreed
that it would devote its efforts solely to a permanent program,
with the understanding that if, following implementation it proved
not to be effective for some reason, it could simply be abandoned.
In general, there was little disagreement among Committee
members regarding the proposed rules. One notable exception was
with regard to the lack of any true "grandfather clause" which
would permit those who have been court reporters for some period of
time to obtain certification without taking the required
8
examination or establishing that they are entitled to a waiver of
the examination requirement based on their previously having taken
and passed a substantively similar examination. This issue was
debated and voted upon on numerous occasions. Although there was
dissent on each occasion, the majority was consistently of the
opinion that there should be no grandfather clause. (Greater
detail regarding the Committee's thinking as to specific provisions
of the proposed rules may be found in the following section, which
addresses each rule individually.)
The Committee's work has been the subject of considerable
discussion among those in the profession during the past year. The
Committee chair, together with the stenographic-reporter members,
explained the proposed rules, and participated in a lengthy
question and answer session, at the 1996 annual meeting of the
Florida Court Reporters Association (which is the largest
professional organization for court reporters in Florida). The
Committee has also received correspondence and comments from an
attorney representing the Florida Court Reporters Association, and
from individual court reporters. (See Appendix F.) In addition,
the Committee has solicited comments from the Supreme Court
Committee on Mediation and Arbitration Rules and from the following
Florida Bar committees: Family Law Rules and Procedure, Rules of
Appellate Procedure, Rules of Juvenile Procedure, Small Claims
Rules, Traffic Court Rules, Probate Rules, Rules of Judicial
Administration, Rules of Civil Procedure, Rules of Workers'
9
Compensation Procedure and Rules of Criminal Procedure. (A
representative copy of the letter sent to each committee chair, and
copies of the responses received, may be found in Appendix G.)
IV.Rule-by-Rule Analysisof Proposed Rules
The proposed Rules for Certification and Regulation of Court
Reporters (see Appendix A), which the Committee urges the Court to
adopt, owe much to the rules proposed in 1990 by The Florida Bar
Rules of Judicial Administration Committee. However, they are also
the result of an extensive review of rules in effect in other
jurisdictions and of creative efforts for which the Committee,
alone, is responsible. An overriding goal of the drafting process
has been the desire to combine comprehensiveness with brevity and
simplicity. The Committee believes that it has been relatively
successful in achieving that goal. A rule-by-rule discussion of
the proposals follows.
The Committee contemplates that (assuming approval by the
Court) the rules would be implemented by amendments to Florida Rule
of Judicial Administration 2.070 (see Appendix B), which would
become effective three years after the date on which the rules are
adopted, to permit the Florida Court Reporter Certification Board
to be established and a sufficient number of court reporters to
comply with the rules. The proposed amendments to rule 2.070 are
10
a joint product of the Court Reporter Certification Planning
Committee, which drafted the provisions intended to implement the
proposed court reporter certification rules, and the Rules of
Judicial Administration Committee, which redrafted other parts of
the existing rule to make the rule more concise and comprehensible,
without intending otherwise to change its substance. A discussion
of those parts of the proposed amendments to rule 2.070 intended to
implement the certification rules follows the discussion of the
proposed certification rules, themselves.
Rule-by-Rule Discussion
13.010 DEFINITIONS(a) Court Reporting; Reporting. "Court
reporting," or "reporting," means the act ofmaking a verbatim record of the spoken word,whether by the use of written symbols,stenomask equipment, or electronic devices,in any proceeding pending in any of thecourts of this state, including all discoveryproceedings conducted in connectiontherewith, and all proceedings required bystatute to be reported by a certified orofficial court reporter. It does not meaneither the act of taking witness statementsnot intended for use in court as substantiveevidence, or the act of electronic recordingand transcription of proceedings as providedfor in Florida Rule of JudicialAdministration 2.070(g)(3).
(b) Certified Court Reporter. A"Certified Court Reporter" is a person whohas satisfied the requirements established bythe Florida Court Reporter CertificationBoard and received a certificate attesting tothat fact, and is entitled to use the
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designation "CCR" only in connection with thereporting methodology by which thoserequirements were satisfied (i.e., "CCR-Stenographic," "CCR-Stenomask," "CCR-Electronic").
(c) Board. "Board" means the FloridaCourt Reporter Certification Board.
(d) Court. "Court" means any county,circuit or appellate court of this state.
Rule 13.010 defines the key terms used in the rules--"court
reporting," "Certified Court Reporter," "Board" and "court." The
definition of "court reporting" is identical to that found in
proposed Rule of Judicial Administration 2.070(a)(1).
13.020 PURPOSEThese rules are intended to ensure
proficiency in the practice of courtreporting, a profession which plays acritical role in the judicial system of thisstate, by establishing a minimum acceptablelevel of competence for those engaged in thatprofession.
13.030 SCOPEThese rules apply to all persons engaging
in the practice of court reporting.
Rules 13.020 and 13.030 are self-explanatory.
13.040 FLORIDA COURT REPORTERCERTIFICATION BOARD
(a) Board Composition. The FloridaCourt Reporter Certification Board is herebycreated, to supervise the examination,certification, and conduct of persons engagedin court reporting. The board shall be underthe supervisory authority of the FloridaSupreme Court. It shall be composed of 11persons, appointed by the chief justice asfollows:
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(1) two members of The Florida Barengaged in the practice of law in the courtsof this state;
(2) either 1 county or 1 circuit judge;(3) one district court of appeal judge;(4) one trial court administrator; and(5) six court reporters, at least 3 of
whom shall be shorthand reporters, at least 1of whom shall be a stenomask reporter, and atleast 1 of whom shall be an electronicreporter.
(b) Staff. Such staff as may benecessary to permit the board to carry outits duties shall be provided by the Office ofthe State Courts Administrator.
(c) Officers; Quorum. Annually, theboard shall elect 1 of its members to serveas chair, and 1 to serve as vice-chair. Amajority of the board shall constitute aquorum.
(d) Vacancies. Any vacancy on the boardshall be filled according to subdivision (a). A person appointed to fill a vacancy shallserve for the remainder of the term of themember being replaced.
(e) Terms. The initial terms of boardmembers shall be as follows:
(1) one year: the court-administratormember, and 2 court-reporter members;
(2) two years: 1 judicial member, 1Florida-Bar member, and 2 court-reportermembers;
(3) three years: 1 judicial member, 1Florida-Bar member, and 2 court-reportermembers.Following the initial terms, all terms shallbe 3 years, and all court-reporter membersshall be Certified Court Reporters. Boardmembers shall be eligible for reappointment. However, no person shall serve more than 2consecutive terms.
(f) Duties. The duties of the boardshall include the following:
(1) The board shall be responsible forthe testing, certification, regulation,discipline, suspension, and decertificationof court reporters.
(2) The board shall have the authority
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to adopt rules governing its operatingprocedures.
(3) The board may make recommendationsto the Florida Supreme Court regarding theamendment of these rules.
(g) Fees. The board shall haveauthority to recommend to the Florida SupremeCourt such fees as the board may deemnecessary to permit it to carry out itsduties, including, but not limited to,application fees, examination fees, andcertification renewal fees. All such feesshall be paid within the time specified bythe board, shall be made payable to the Stateof Florida, and shall be non-refundable.
(h) Records. The board shall maintainrecords and minutes of its meetings and allother official actions. It shall alsomaintain a record of all continuing educationcredits earned by Certified Court Reporters,and a registry containing the names,addresses, dates of certification, methods ofreporting, and identification numbers of allCertified Court Reporters.
(i) Reimbursement for Expenses. Membersof the board shall serve withoutcompensation. However, they shall bereimbursed for all reasonable expensesincurred in the performance of their duties,in compliance with all rules and statutesgoverning such reimbursement.
Rule 13.040 creates the body which will be responsible for
administering the certification program. In response to concerns
expressed by court reporters, subdivision (a) contemplates that a
majority of the Board will be court reporters. Subdivision (b)
contemplates that staff will be provided by the Office of the State
Courts Administrator. Subdivision (f)(2) provides that the Board
will have the authority to adopt its own internal operating rules.
Subdivision (f)(3) provides that the Board will have the power to
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recommend amendments to the rules to the Court. Subdivision (g)
contemplates that the Board will be self-supporting, recommending
to the Court such fees as may be necessary to ensure that result.
13.050 APPLICATION FOR CERTIFICATIONAll applicants seeking certification
shall apply on a form approved by the boardand pay the fee established by the board.
Rule 13.050 is self-explanatory.
13.060 QUALIFICATIONSAll applicants for certification must
establish to the board's satisfaction thatthey are at least 18 years of age; that theyhave either graduated from high school orearned a general equivalency diploma; thatthey are of good moral character; and thatthey have read, and are familiar with,Florida rules of court bearing on thepractice of court reporting. In addition,all applicants must either take and pass anexamination prescribed by the board, orsatisfy the board that they qualify forwaiver of the examination requirementpursuant to rule 13.080(a) or (b).
Rule 13.060 sets forth the minimum qualifications for those
seeking certification. The prerequisites for waiver of the
otherwise obligatory examination are addressed in proposed rule
13.080, below, and the comments that follow it.
13.070 EXAMINATIONThe board, or such entity or entities to
which it may delegate such authority, shalldevelop and administer an examination to allapplicants seeking Certified Court Reportercertification, to ensure that such applicants
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possess a satisfactory level of proficiencyin making a verbatim record of judicial, andrelated, proceedings. The examination shallbe administered not less than twice eachyear, at such times and places as may bedesignated.
Rule 13.070 is intended to afford maximum flexibility to the
Board in the development and administration of the examination. It
contemplates that the Board may either develop and administer the
examination itself, or delegate such authority to some other entity
or entities (such as, for instance, the national court-reporter
associations which already administer skills examinations).
Although the rule requires that the examination be administered at
least twice each year, it may be given as many more times each year
as demand requires. The Committee has confirmed that examinations
currently administered by the national court-reporter associations
are capable of being offered in Florida as frequently as the Board
might wish, to meet such demand.
13.080 WAIVER OF EXAMINATION REQUIREMENTUpon the presentation of proof
satisfactory to the board, the examinationrequirement shall be waived for the followingpersons:
(a) anyone holding a current certificatewhich, in the opinion of the board, issimilar to the Certified Court Reportercertificate and has been conferred by anotherstate or the District of Columbia, providedthat the examination requirements aresubstantially similar to those of this state;
(b) anyone holding a current RegisteredProfessional Reporter Certificate issuedafter testing by the National Court Reporters
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Association, a current Certified VerbatimReporter Certificate issued after testing bythe National Stenomask Verbatim ReportersAssociation, or a current certificate issuedafter testing by any organization which, inthe opinion of the board, reflects a similarlevel of proficiency.
Rule 13.080 provides that those who are able to satisfy the
Board that they have previously taken and passed a test similar to
those contemplated by the rules may have the examination
requirement waived. There is no provision in the proposed rules
for waiver of the examination requirement based on experience
alone. The rules contemplate that nobody will be certified unless
they have taken and passed what the Board considers to be an
acceptable skills examination. This was the only issue as to which
there was significant disagreement among Committee members. A
minority of the Committee believes very strongly that there should
be some type of grandfather provision which will permit those who
have been court reporters for some specified period to be certified
without having to pass a skills examination. In support of their
position, they assert that many experienced court reporters who
specialize in one area of the law would be at a disadvantage if
required to pass a generalized skills examination; that other
regulated professions in Florida have permitted some type of
grandfathering for those engaged in the profession when regulation
was instituted; and that most of the other states which have
adopted a mandatory certification program for court reporters have
17
included some type of grandfather provision. The majority of the
Committee is of the opinion that a grandfather provision such as
that advocated by the minority (and by the Florida Court Reporters
Association) would be irreconcilable with the justification offered
to support the need for a mandatory certification program--that
there are a significant number of unqualified individuals holding
themselves out as court reporters. Such a provision would only
serve to enfranchise those unqualified individuals, defeating the
legislative intent--to protect the courts and the public--which the
appointment of this Committee and the Court's consideration of its
proposed certification program seeks to achieve. In the majority's
view, if there are, indeed, a significant number of unqualified
court reporters, they should be prevented from continuing to hold
themselves out as qualified by being denied licensure until their
qualifications can be established by satisfaction of the adopted
skills-testing requirement. Adoption of a program which certifies
unqualified individuals would only further mislead those courts and
members of the public who employ them. If, on the other hand,
concerns about unqualified court reporters are unfounded, then
there should be no need for a mandatory certification program.
13.090 ISSUANCE OF CERTIFICATEUpon satisfactory completion of the
specified prerequisites, the board shallissue to an applicant a certificate as aCertified Court Reporter, which shall includean identification number and shall specifythe reporting methodology by which
18
certification was accomplished (i.e.,stenographic, stenomask, or electronic). Once issued, the certificate shall remainvalid unless suspended or revoked by theboard.
Rule 13.090 contemplates that the certificate issued upon
satisfactory completion of the prerequisites will specify the
reporting methodology used to satisfy those prerequisites (i.e.,
stenographic, stenomask or electronic). The rules contemplate that
certified court reporters will be permitted to hold themselves out
as certified only in the method (or methods) used to satisfy the
prerequisites to certification.
13.100 RENEWAL OF CERTIFICATE(a) Annual Renewal Fee. Each Certified
Court Reporter shall pay an annualcertificate renewal fee, in an amount set bythe board. A certificate shall be suspendedautomatically upon nonpayment, but shall bereinstated upon application to the board,accompanied by payment, made within 60 daysof the date of suspension. Upon expirationof the 60-day grace period, any request forreinstatement must be made pursuant to rule13.190.
(b) Notification. The board shallnotify all Certified Court Reporters inwriting of the expiration date of theircertificate at least 90 days before suchdate. Notice shall be by regular UnitedStates mail, directed to the last mailingaddress on file with the board.
Rule 13.100 is self-explanatory.
13.110 CONTINUING EDUCATION(a) Requirement. Each Certified Court
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Reporter shall earn at least 30 continuingeducation credits every 3 calendar years. Application for approval of the precedingyears' continuing education credits shall bemade in writing, on a form to be furnished bythe board, when the annual certificaterenewal fee is paid.
(b) Approved Programs. The board shallmaintain a list of approved continuingeducation programs. Approval of anyeducational program or activity not listedshall be subject to the board's discretion.
Rule 13.110 deals with the requirement that Certified Court
Reporters earn continuing education credits on a regular basis.
There are currently several entities providing continuing education
for court reporters. It is not contemplated that the Court
Reporter Certification Board will, itself, offer continuing
education courses.
13.120 PROHIBITED CONDUCT GENERALLYThe following conduct is prohibited, and
may lead to disciplinary action:(a) accepting employment knowing that a
conflict of interest exists, or continuingemployment after becoming aware of theexistence of a conflict of interest;
(b) partiality toward, or prejudiceagainst, any participant in any matter whichis the subject of employment;
(c) giving or receiving gifts in anymanner connected with any employment;
(d) failing to disclose to theappropriate party any present or pastbusiness, financial, professional, family, orsocial relationship which might reasonablycreate an appearance of partiality in anymatter which is the subject of employment;
(e) failing to take steps necessary toensure the confidentiality of informationclassified as such, and entrusted to one's
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possession in connection with any employment;(f) accepting, or failing to resign
from, employment believed to be beyond one'slevel of knowledge, skill, or competence;
(g) failing timely to delivertranscripts;
(h) failing to prepare an accuratetranscript;
(i) failing promptly to notify all otherparties when a party orders one's workproduct, provided that the work product is ofsuch a nature that it might have been orderedby any party;
(j) failing to offer the same servicesto all parties to the same proceeding;
(k) disseminating misleading ordeceptive information regarding one'squalifications;
(l) violating any duty imposed bystatute, rule, or order of court;
(m) engaging in conduct proscribed byrule 13.130.
Rule 13.120 identifies the types of conduct that might (but
not necessarily will) subject a Certified Court Reporter to
disciplinary action. It includes conduct that will not necessarily
subject the Certified Court Reporter to the more severe sanctions
of suspension and revocation, addressed in rule 13.130 which
follows. This provision thus grants the Board flexibility in
dealing with relatively less serious types of misconduct.
13.130 CONDUCT WARRANTING SUSPENSIONOR REVOCATION OF CERTIFICATION
A certificate issued pursuant to theserules may be suspended or revoked for any ofthe following reasons:
(a) conviction of a felony, or of amisdemeanor involving moral turpitude,dishonesty, or false statement;
(b) fraud, dishonesty, or corruption
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which is related to the functions and dutiesof a Certified Court Reporter;
(c) continued false or deceptiveadvertising after receipt of a cease anddesist notice from the board;
(d) alcohol or drug abuse whichinterferes, or poses a serious threat ofinterference, with the performance of theduties of a Certified Court Reporter;
(e) physical incapacity or mentalinstability which interferes, or poses aserious threat of interference, with theperformance of the duties of a CertifiedCourt Reporter;
(f) gross incompetence, orunprofessional or unethical conduct;
(g) willful, substantial, or repeatedviolation of any duty imposed by statute,rule, or order of court;
(h) fraud or misrepresentation inobtaining or renewing certification;
(i) noncompliance with continuingeducation requirements;
(j) nonpayment of renewal fees.
Rule 13.130 identifies the types of serious misconduct that
might result in suspension or revocation of certification.
13.140 DISCIPLINARY PROCEDURES(a) Initiation. Disciplinary
proceedings may be initiated either by asworn complaint asserting a violation ofthese rules, or by the board, on its ownmotion.
(b) Probable Cause; Notification. If amajority of the board finds probable cause tobelieve that a violation of these rules hasoccurred, it shall send written noticethereof, identifying the rule or rulesalleged to have been violated, to theCertified Court Reporter by certified UnitedStates mail directed to the last mailingaddress on file with the board.
(c) Response. Within 30 days of theissuance of a finding of probable cause, the
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Certified Court Reporter shall file a writtenresponse with the board. If the CertifiedCourt Reporter does not respond, theviolations identified in the finding ofprobable cause shall be deemed admitted.
(d) Board Review. Within 60 days afterthe filing of the written response to thefinding of probable cause or within 60 daysfollowing the expiration of the time withinwhich to file a response if none is filed,the board shall review the complaint, thefinding of probable cause, the response (ifany), and any other pertinent materials, anddecide whether to (i) dismiss the proceeding;(ii) issue a proposed disposition; or (iii)set a hearing. The board shall promptly sendwritten notice of its decision to theCertified Court Reporter, by certified UnitedStates mail.
(e) No Hearing Demanded. A proposeddisposition issued pursuant to subdivision(d)(ii) shall become final unless theCertified Court Reporter demands a hearingwithin 30 days of the date on which it wasissued.
(f) Timing of Hearing. Absent goodcause, no hearing shall take place less than30 days, or more than 90 days, from the dateof notice pursuant to subdivision (d)(iii) orof the Certified Court Reporter's demandpursuant to subdivision (e).
(g) Identity of Complainant. Uponwritten request filed with the board after ahearing has been set, the board shallpromptly reveal to the Certified CourtReporter the identity of the complainingparty.
(h) Legal Representation. The CertifiedCourt Reporter may be represented by anattorney at any stage of the proceeding. TheCertified Court Reporter shall be responsiblefor all of his or her costs and expenses,including attorney fees.
Rule 13.140 addresses general disciplinary procedures, which
do not necessarily require a hearing. Procedures specifically
23
applicable to disciplinary hearings are addressed in rule 13.150,
which follows.
13.150 DISCIPLINARY HEARINGS(a) Pre-hearing Discovery. Pre-hearing
discovery shall not be permitted unlessexpressly authorized by the board, inresponse to a written request.
(b) Rules of Evidence. Strict rules ofevidence shall not apply. The board may, inits discretion, consider any evidencepresented, including affidavits, giving suchevidence the weight it deems appropriate.
(c) Hearings to be Reported. The boardshall ensure that all hearings are reported.
(d) Hearing Procedure. At the hearing,both the board and the Certified CourtReporter shall be afforded the opportunity tointroduce documents and other relevantevidence, and to elicit sworn testimony.
(e) Board Deliberations. Following thepresentation of evidence, the board shalldeliberate regarding its decision. Suchdeliberations shall take place in private.
(f) Finality of Decision; Rehearing. Unless the Certified Court Reporter files arequest for rehearing within 30 days of thedate of the decision, the decision shallbecome final without further action. If atimely request for rehearing is filed, thedecision shall not become final until therequest has been disposed of by writtendecision, a copy of which shall be sent tothe Certified Court Reporter by certifiedUnited States mail.
Rule 13.150 is self-explanatory.
13.160 DISCIPLINARY DISPOSITIONS(a) Burden of Proof. If the board finds
that there is clear and convincing evidencethat the Certified Court Reporter hasviolated one or more of these rules, it shallimpose such discipline as it may deem
24
appropriate, consistent with these rules.(b) Vote Required; Notification. All
decisions of the board shall be by majorityvote, in writing and, if adverse to theCertified Court Reporter, shall containfactual findings supporting the decision. Acopy of the decision shall be sent to theCertified Court Reporter by certified UnitedStates mail.
(c) Sanctions. Discipline may consistof one or more of the following:
(1) a private reprimand;(2) a public reprimand;(3) the imposition of costs and expenses
incurred by the board in connection with theproceeding, including investigative costs;
(4) restitution;(5) requiring that specified continuing
education courses be taken;(6) requiring that one or more parts of
the Certified Court Reporter certificationexamination be successfully taken, orretaken;
(7) limiting the scope of practice;(8) requiring that work be supervised;(9) suspension of certification for a
period not to exceed 1 year;(10) revocation of certification.
Rule 13.160 identifies the types of discipline that may be
imposed. The intent of subdivision (c) is to afford the Board as
wide a range of disciplinary alternatives as reasonably possible.
13.170 CONFIDENTIALITY OF DISCIPLINARYPROCEEDINGS
When a disciplinary proceeding is eitherdismissed or results in a private reprimand,all records of the proceeding shall remainconfidential; otherwise, all such recordsshall become public when the board's decisionbecomes final.
Rule 13.170 is self-explanatory.
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13.180 REVIEW OF ADVERSE DISCIPLINARYDISPOSITIONS
Within 30 days of a final adversedisciplinary disposition after a hearing, theCertified Court Reporter may seek review byfiling a written request, addressing themerits, with the clerk of the Supreme Courtof Florida. Review shall be by the chiefjustice, or by such other person or personsas may be designated by the chief justice,who may take such action as is deemedappropriate, which action shall not besubject to further review.
Review is provided only for disposition following a hearing
because, pursuant to proposed rule 13.140(d) and (e), there could
be a disposition adverse to a Certified Court Reporter without a
hearing only when the Board has issued a proposed disposition that
becomes final without a demand for a hearing. In such a case, the
Certified Court Reporter, having accepted the proposed disposition,
would have waived any right to review.
13.190 REINSTATEMENTA Certified Court Reporter whose
certificate has been suspended or revoked mayapply in writing for reinstatement. Suchrequest shall explain why the applicantbelieves that he or she should be reinstated,and shall be accompanied by a renewal fee inan amount set by the board. Whether to grantor to deny such a request shall rest in thesole and absolute discretion of the board. The board may impose such conditions uponreinstatement as it deems appropriate.
Rule 13.190 is self-explanatory.
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Proposed Amendments to Florida Ruleof Judicial Administration 2.070
As previously discussed, the proposed amendments to Florida
Rule of Judicial Administration 2.070 (see Appendix B) are a joint
product of the Court Reporter Certification Planning Committee and
the Rules of Judicial Administration Committee. Although the
existing rule is substantially rewritten, the principal substantive
changes are those intended to implement the proposed certification
rules. Other changes are intended by the Rules of Judicial
Administration Committee to make the rule more concise and
comprehensible, without significantly altering its substance. The
changes intended to implement the proposed certification rules are
indicated by underlining.
RULE 2.070. COURT REPORTING(a) Definitions.(1) "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 proceeding pending in any of thecourts of this state, including all discoveryproceedings conducted in connectiontherewith, and all proceedings required bystatute to be reported by a certified orofficial court reporter. It does not meaneither the act of taking witness statementsnot intended for use in court as substantiveevidence, or the act of electronic recordingand transcription of proceedings as providedfor in subdivision (g)(3).
(2) "Certified Court Reporter" means aperson certified as such by the Florida CourtReporter Certification Board in accordance
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with the Florida Rules for Certification andRegulation of Court Reporters.
(b) When Court Reporting Required. Anyproceeding shall be reported by a CertifiedCourt Reporter on the request of any party. The party so requesting shall pay thereporting fees, but this requirement shallnot preclude the taxation of costs asauthorized by law.
(c) Certified Court ReporterRequirement. All court reporting must beperformed by a Certified Court Reporter,except: (1) for depositions taken outside thestate before a duly appointed commissioner orbefore an out-of-state court reporter agreedto by all parties; (2) as otherwise providedherein with respect to court reportingservices provided in mental healthproceedings or at public expense, and (3) anyproceeding reported prior to the effectivedate of this rule. No verbatim record of anyproceedings created in violation of this rulemay be filed or used in any court proceeding. Any violation of this rule is punishable ascontempt of court.
(d) Record. When trial proceedings arebeing reported, no part of the proceedingsshall be omitted unless all of the partiesagree to do so and the court approves theagreement. When a deposition is beingreported, no part of the proceedings shall beomitted unless all of the parties and thewitness so agree. When a party or a witnessseeks to terminate or suspend the taking of adeposition for the time necessary to seek acourt order, the Certified Court Reportershall discontinue reporting the testimony ofthe witness.
(e) Transcripts. Transcripts of alljudicial proceedings, including depositions,shall be uniform in and for all courtsthroughout the state. The form size,spacing, and method of typing transcripts areas follows:
(1) All proceedings shall be typed orprinted on paper 8-1/2 inches by 11 inches insize, prepared for binding at the top or onthe left margin.
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(2) All margins, measured from the edgeof the paper, shall be no more than 1 inchfrom the top, no more than 1-1/8 inches atthe left side and 3/8 inch at the right sidefor type or print of 9 characters to theinch, and no more than 1-3/4 inches at theleft side and 1/2 inch at the right side fortype or print of 10 characters to the inch.
(3) There shall be no fewer than 25typed or printed lines per page and alltyping or printing shall be double spaced,with all lines numbered 1 through 25,respectively, and with no more than a doublespace between paragraphs.
(4) Type size or print shall be pica orcomparable type or print of no fewer than 9or 10 characters to the inch.
(5) Colloquy material shall begin on thesame line following the identification of thespeaker, with no more than 2 spaces betweenthe identification of the speaker and thecommencement of the colloquy. Theidentification of the speaker in colloquyshall begin no more than 10 spaces from theleft margin, and carry-over colloquy shall beindented no more than 5 spaces from the leftmargin.
(6) Each question and answer shall beginon a separate line no more than 5 spaces fromthe left margin with no more than 5 spacesfrom the "Q" or "A" to the text. Carry-overquestion and answer lines shall be brought tothe left margin.
(7) Quoted material shall begin no morethan 10 spaces from the left margin withcarry-over lines beginning no more than 10spaces from the left margin.
(8) Indentations of no more than 10spaces may be used for paragraphs, and allspaces on a line as herein provided shall beused unless the testimony of the speaker endsshort of marginal requirements.
(9) One-line parentheticals may begin atany indentation. Parentheticals exceeding 1line shall begin no more than 10 spaces fromthe left margin, with carry-over lines beingreturned to the left margin.
(10) Individual volumes of a transcript,including depositions, shall be no more than
29
200 pages in length, inclusive of the index.(11) Deviation from these standards
shall not constitute grounds for limiting useof transcripts in the trial or appellatecourts.
(f) Reporter as Officer of Court. ACertified Court Reporter is an officer of thecourt for all purposes while acting as areporter in a judicial proceeding ordiscovery proceeding. The Certified CourtReporter shall comply with all rules andstatutes governing the proceedings that areapplicable to court reporters.
(g) Court Reporting Services Provided inMental Health Proceedings or at PublicExpense.
(1) When Reporting Required. Allcriminal and juvenile proceedings, and anyother judicial proceedings required by law orcourt rule to be reported at public expense,shall be reported.
(2) Circuit Plan. The chief judge,after consultation with the circuit court andcounty court judges in the circuit, shallenter an administrative order developing andimplementing a circuit-wide plan of the courtreporting of all proceedings required to bereported at public expense using either fullor part time court employees or independentcontractors. The plan shall ensure that allcourt reporting services are provided byqualified persons. This plan may provide formultiple service delivery strategies if theyare necessary to ensure the efficientprovision of court reporting services. Eachcircuit's plan for court reporting servicesshall be developed after consideration ofguidelines issued by the Office of the StateCourts Administrator.
(3) Electronic Recording andTranscription of Proceedings WithoutCertified Court Reporters. A chief judgemay enter a circuit-wide administrativeorder, which shall be recorded, authorizingthe electronic recording and subsequenttranscription by persons other than CertifiedCourt Reporters, of certain judicialproceedings, including depositions, that are
30
otherwise required to be reported by aCertified Court Reporter. Appropriateprocedures shall be prescribed in the orderwhich shall:
(A) set forth responsibilities forthe court's support personnel to ensure a reliable record of theproceedings;(B) provide a means to have the recording transcribed, either in whole or in part, when necessary for an appeal or for further use in thetrial court; and(C) provide for the safekeeping of such recordings.
The presiding judge in a specific case,however, may require a Certified CourtReporter, if available, or either party mayprovide and pay for the cost of a CertifiedCourt Reporter. Such Certified CourtReporter shall be subject to the orders ofthe court and directions to transcribe therecord from all parties.
(4) Grand Jury Proceedings. Testimonyin grand jury proceedings shall be reportedby a Certified Court Reporter, but shall notbe transcribed unless required by order ofcourt. Other parts of grand juryproceedings, including deliberations andvoting, shall not be reported. The CertifiedCourt Reporter's work product, includingstenographic notes, electronic recordings,and transcripts, shall be filed with theclerk of the court under seal.
These proposed amendments to Rule of Judicial Administration
2.070 have been unanimously approved by The Florida Bar Rules of
Judicial Administration Committee, which has requested that they be
presented to the Court for adoption together with the proposed
Rules for Certification and Regulation of Court Reporters. (See
the letter of September 15, 1997, from Judge Marguerite H. Davis to
Judge Peter D. Webster, in Appendix G.) Subdivision (a)(1)
contains the same definition of "court reporting" as does
31
certification rule 13.010(a). Subdivision (a)(2) defines
"Certified Court Reporter" by reference to the Rules for
Certification and Regulation of Court Reporters. Subdivision (c)
mandates that, but for the listed exceptions, after the effective
date of the amendments to rule 2.070, "[a]ll court reporting must
be performed by a Certified Court Reporter." A "verbatim record"
not taken in compliance with the rule may not "be filed or used in
any court proceeding." Violations of the rule may be punished by
contempt. Subdivision (g)(3) permits the chief judge of any
judicial circuit, by circuit-wide administrative order, to
authorize "electronic recording and subsequent transcription by
persons other than Certified Court Reporters, of certain judicial
proceedings, including depositions, that are otherwise required to
be reported by a Certified Court Reporter," provided that the
requirements of the rule are met. The intent of this subdivision
is to permit technological innovation, and to provide an
alternative to the requirement for reporting only by Certified
Court Reporters when, for some reason, a circuit's reporting needs
cannot be met entirely by Certified Court Reporters. The Committee
recommends that, assuming the Court adopts the proposed Rules for
Certification and Regulation of Court Reporters, it also adopt the
amendments to Rule of Judicial Administration 2.070, but that it
provide that the amendments to that rule (at least to the extent
that they require the use of Certified Court Reporters) shall not
become effective until three years after the date on which the
32
certification rules are adopted. This would afford what the
Committee believes to be a reasonable period for the Court Reporter
Certification Board to be selected and begin carrying out its
duties, and for court reporters in the state to satisfy the
certification requirements. Should a longer period prove
necessary, the effective date of the rule could be delayed,
presumably in response to a petition by the Board for such action.
V.Conclusion
On behalf of your Committee, the undersigned, as chair,
requests approval of the proposed Rules for Certification and
Regulation of Court Reporters, and of the proposed amendments to
Rule of Judicial Administration 2.070. Should the Court conclude
that oral argument would be of assistance, the undersigned would be
pleased to appear for that purpose.
Respectfully submitted,
__________________________________Peter D. WebsterChair, Supreme Court Court ReporterCertification Planning Committee
First District Court of Appeal301 Martin Luther King BoulevardTallahassee, FL 32399-1850(850) 487-3489 ext. 167Florida Bar No. 185180
33
Certificate of Service
I certify that a copy hereof has been furnished to The
Honorable Marguerite H. Davis, Chair, Florida Bar Rules of Judicial
Administration Committee, First District Court of Appeal, 301
Martin Luther King Boulevard, Tallahassee, Florida, 32399-1850, by
hand delivery, this ____ day of February, 1998.
___________________________ Attorney
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