WHEREAS, Rule 2.535(a)(4), Florida Rules of General Practice and Judicial Administration, defines “court reporting” as the act of making a verbatim record of the spoken word, whether by the use of written symbols, stenomask equipment, stenographic equipment, or electronic devices, and

      WHEREAS, Rule 2.535(h)(4), Florida Rules of General Practice and Judicial Administration, permits the chief judge to authorize the use of electronic recording as a means of making a record of court proceedings, and

      WHEREAS, Rule 2.215(b)(3), Florida Rules of General Practice and Judicial Administration, requires the chief judge to regulate the use of courtrooms, and

      WHEREAS, courts have used electronic recording devices as a means of making records of court proceedings for several years, and

      WHEREAS, the use of digital recording requires presiding judges, general magistrates, and child support enforcement hearing officers to play more active roles in ensuring the creation of complete, accurate, and understandable records, and

      WHEREAS, sufficient safeguards are in place to allow for limited confidential discussions between attorneys and their clients in courtrooms equipped with digital recording;

      NOW THEREFORE, I, LEAH R. CASE, Chief Judge of the Seventh Judicial Circuit of Florida, hereby order as follows:

•  To the extent resources allow, digital recording systems/devices will be installed in courtrooms/hearing rooms throughout the Seventh Judicial Circuit and used as the primary means of creating the record in proceedings required to be reported at public expense. Such proceedings include, but may not be limited to, criminal/criminal traffic matters, juvenile matters, injunctions for protection, certain guardianships, Baker acts, Marchman acts, adult protective services acts, terminations of parental rights, and hearings before General Magistrates and Child Support Enforcement Hearing Officers. In addition, although not statutorily required, adoption proceedings in cases related to dependency/TPR cases will also be digitally recorded.
• Notwithstanding the provisions outlined above, stenographic court reporters will be used to create the record in cases where the State is seeking the death penalty and in capital post-conviction proceedings.
• Once installed, digital recording systems/devices may not be removed, disabled, altered, or otherwise tampered with. Willful acts contrary to this provision should be brought to the attention of the presiding judge, magistrate, or hearing officer. Perpetrators of such acts may be subjected to contempt proceedings.
• Although persons in public forums such as courtrooms/hearing rooms have no expectations of privacy, brief, confidential discussions among attorneys and clients at counsel tables may be accomplished by depressing “mute” buttons on table microphones. Said discussions should be in hushed tones so as not to be overheard. Lengthy or detailed, confidential discussions should be held outside the courtroom/hearing room. Advisory notices will be posted at entrances to all courtrooms/hearing rooms equipped with digital recording systems/devices. In addition, signs concerning the operation of counsel table microphones will be located on each table. Judges, general magistrates, and child support enforcement hearing officers are encouraged to announce the existence of digital recording systems/devices at the commencement of each docket.
• “Primary” recording systems will be started approximately 15 minutes prior to the scheduled start time of court proceedings. Until transcripts of said proceedings are prepared and filed with the Court, recordings captured on “primary” systems will be considered the official record of said proceedings. Therefore, only recordings captured on “primary” systems will be released to persons authorized to receive digital recordings. Persons so authorized may purchase copies of digital recordings of court proceedings for a fee set by the Chief Judge. However, if a person wishes to introduce information in a recording to the Court for consideration, an accurate transcript must be prepared and certified by an “approved” court reporter or “approved” transcriptionist. Said transcripts must comply with the requirements outlined in Rule 2.535(f). Transcription costs will be borne by the requesting person.
• Most digital recording systems are equipped with “backup” servers. “Backup” servers are used as failsafe devices in the event of a “primary” system failure. Recordings captured on “backup” servers are not considered the official record.
• Given the failsafe role “backup” servers play in the overall operation of digital recording systems, they operate continuously, without human intervention. Therefore, “backup” servers will be programmed to start in the morning and stop in the evening automatically. Staff operating digital recording systems has been instructed not to shut down “backup” servers during regular court operating hours, regardless of whether or not a proceeding required to be reported at public expense is being conducted. In the event a non-public or confidential matter, such as a mediation conference, grand jury proceeding, private adoption, judges’ meeting, retirement party, or the like, is being conducted in a courtroom/hearing room, digital recording staff should be notified to shut down the “backup” server. Likewise, staff should be notified of the matter’s conclusion so that the “backup” server may be restarted.
• Digital Court Reporting staff members whose job duties include monitoring/tagging court proceedings, making copies of digitally recorded proceedings, and otherwise ensuring the proper operation of digital recording systems/devices will be employed by the Court Administrator’s Office.
• Judges, general magistrates, and child support enforcement hearing officers are encouraged to familiarize themselves with the features and proper operation of digital recording systems mentioned herein. Likewise, attorneys making court appearances in courtrooms/hearing rooms equipped with digital recording systems/devices are encouraged to familiarize themselves with system features. The Court Administrator’s Office will conduct training sessions upon request as time and resources allow.

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

DONE AND ORDERED in Daytona Beach, Volusia County, Florida, this 11th day of August 2023.