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

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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

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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

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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'

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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