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Serving Flagler, Putnam, St. Johns, and Volusia Counties

G-2022-037-SC

IN THE CIRCUIT COURT OF FLORIDA, SEVENTH JUDICIAL CIRCUIT IN AND FOR FLAGLER, PUTNAM, ST. JOHNS AND VOLUSIA COUNTIES

Re: Release of Digital Court Reporting Records

Ref: G-2022-037-SC

        WHEREAS, pursuant to Rule 2.535, Florida Rules of General Practice and Judicial Administration, the Seventh Judicial Circuit Court has elected to utilize digital recording technology to create the record in certain proceedings required to be reported at public expense, and

        WHEREAS, advisories have been posted outside all courtrooms / hearing rooms equipped with digital recording devices to inform individuals of the presence of recording equipment, and   

        WHEREAS, the undersigned has determined that until such time as transcripts of digitally recorded proceedings are prepared and filed with the Court, proceedings captured on “primary” servers/systems are considered the official record, and unless otherwise required by law, will be made available to whomever makes an appropriate request and pays the requisite fee, and

        WHEREAS, the undersigned has determined that proceedings captured on “backup” servers/systems are not considered part of the official record and will therefore not be made available to requestors, unless a “primary” system failure occurs;

        NOW THEREFORE, I, James R. Clayton, Chief Judge of the Seventh Judicial Circuit of Florida, hereby order that except in instances outlined herein, copies of digital recordings of court proceedings captured on “primary” servers/systems are to be made available to whomever submits a properly executed written request and pays the requisite fee.  Attorneys of record and parties to cases may obtain copies of audio recordings without said recordings being first reviewed for the presence of confidential information and possible redaction by signing a Prohibition Against Dissemination acknowledgement.  Copies of audio recordings requested by others will be subject to review/redaction prior to release. Certificates verifying the accuracy of duplications released pursuant to this section are to accompany digital recordings released to requestors.

        IT IS FURTHER ORDERED that copies of digital recordings of Baker Act (Ch. 394, Part I, Florida Statutes), Marchman Act (Ch. 397, F.S.), Adult Protective Services Act (Ch. 415, F.S.), Tuberculosis Control Act (Ch. 392, F.S.), and certain Guardianship (Sec. 744.109(1), F.S.) proceedings, as well as such other proceedings as may be appropriate, captured on “primary” servers/systems are to be made available to parties and/or attorneys of record only.  Said authorized recipients must submit properly executed written requests and pay the requisite fees.  Certificates verifying the accuracy of duplications released pursuant to this section are to accompany digital recordings released to requestors.

        IT IS FURTHER ORDERED that copies of digital recordings of Juvenile Delinquency proceedings captured on “primary” servers/systems are to be made available to parties and/or attorneys of record upon request, and to others upon Court order (see Rule 8.100(f), Florida Rules of Juvenile Procedure).  Copies of digital recordings of Juvenile Dependency, Termination of Parental Rights, and Children and Families in Need of Services (CINS/FINS) proceedings, as well as such other proceedings as may be appropriate, captured on “primary” servers/systems are to be made available to parties and/or attorneys of record, but only if so ordered by the Court (see Rules 8.255(g) & 8.625(f), Florida Rules of Juvenile Procedure).  Said authorized recipients must submit properly executed written requests and copies of Court orders, if required.  Certificates verifying the accuracy of duplications released pursuant to this section are to accompany digital recordings released to requestors.

        IT IS FURTHER ORDERED that digital recordings of Parental Notice of Abortion Act proceedings captured on “primary” servers/systems are confidential and may not be made available, except for purposes of preparing the requisite transcript (see Rule 8.835, Florida Rules of Juvenile Procedure).

        IT IS FURTHER ORDERED that copies of digital recordings of all proceedings captured on “primary” and/or “backup” servers/systems are to be made available to all judges of the Seventh Judicial Circuit Court, upon request.

        IT IS FURTHER ORDERED that payment of fees must be received prior to copies being made.  Fees for said copies must be made payable to the State of Florida. Acceptable forms of payment include electronic check, credit card, debit card, cashier’s check, and money order.   Effective September 30, 2022, the amount of the fee is set at $20.00 per court event.

TO BE RECORDED in Flagler, Putnam, St. Johns & Volusia counties

DONE AND ORDERED in DeLand, Volusia County, Florida this 27th day of September 2022.

/s/ James R. Clayton
JAMES R. CLAYTON
Chief Judge

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