Supreme Court of Florida

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No. SC16-330

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IN RE: AMENDMENTS TO FLORIDA RULE

OF JUDICIAL ADMINISTRATION 2.535.

[March 24, 2016]

PER CURIAM.

This Court, on its own motion, amends Florida Rule of Judicial 

Administration 2.535(i) (Court Reporting Services in Capital Cases) to ensure the 

accuracy of transcripts by clarifying that the rule requires the use of a live court 

reporter in all trials in which the state seeks the death penalty and in all capital 

postconviction proceedings. See Fla. R. Jud. Admin. 2.140(d). We have 

jurisdiction. See art. V, § 2(a), Fla. Const.

BACKGROUND

Effective January 1, 2015, the Court amended rule 2.535(i), as proposed by 

the Capital Postconviction Proceedings Subcommittee (Subcommittee) of the 

Criminal Court Steering Committee, “to prohibit the use of digital court reporting 

as the primary court reporting system in trials where the state seeks the death 
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penalty or in capital postconviction proceedings.” In re Amend. Fla. Rules of Jud.

Admin.; Fla. Rules of Crim. Pro.; & Fla. Rules of App. Pro.—Capital 

Postconviction Rules, 148 So. 3d 1171, 1173 (Fla. 2014). In proposing the 

amendment, the Subcommittee’s goal was that “the circuit courts will use real-time 

transcription services to the extent possible.” Id. As last amended, rule 2.535(i) 

provides, as relevant here, that each circuit-wide plan for court reporting in all 

trials in which the state seeks the death penalty and in all capital postconviction 

proceedings must prohibit the use of digital court reporting as the primary court 

reporting system and must require (1) where available, the use of an approved 

court reporter who has the capacity to provide real-time transcription of the 

proceedings, and (2) if real-time transcription services are not available, the use of 

a computer-aided transcription qualified court reporter.

AMENDMENT

We amend rule 2.535(i) to remove the word “primary” from the phrase in 

the rule “must prohibit the use of digital court reporting as the primary court 

reporting system.” (Emphasis added.) This clarification of the rule is consistent 

with the Subcommittee’s and this Court’s original intent that each circuit-wide plan

ensure accurate, intelligible transcripts of these important proceedings by requiring 

the use of a live court reporter. 
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Accordingly, we amend Florida Rule of Judicial Administration 2.535 as set 

forth in the appendix to this opinion. New language is indicated by underscoring; 

deletions are indicated by struck-through type. The amendment shall become 

effective immediately upon the release of this opinion. Because the amendments 

were not published for comment prior to their adoption, interested persons shall 

have sixty days from the date of this opinion in which to file comments with the 

Court.1

It is so ordered.

LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, 

and PERRY, JJ., concur.

 

1. All comments must be filed with the Court on or before May 23, 2016,

with a separate request for oral argument if the person filing the comment wishes 

to participate in oral argument, which may be scheduled in this case. If filed by an 

attorney in good standing with The Florida Bar, the comment must be 

electronically filed via the Florida Courts E-Filing Portal in accordance with In re 

Electronic Filing in the Supreme Court of Florida via the Florida Courts E-Filing 

Portal, Fla. Admin. Order No. AOSC13-7 (Feb. 18, 2013). If filed by a nonlawyer 

or a lawyer not licensed to practice in Florida, the comment must be electronically 

filed via e-mail in accordance with In re Mandatory Submission of Electronic 

Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004). 

Electronically filed documents must be submitted in Microsoft Word 97 or higher. 

Any person unable to submit a comment electronically must mail or hand-deliver 

the originally signed comment to the Florida Supreme Court, Office of the Clerk, 

500 South Duval Street, Tallahassee, Florida 32399-1927; no additional copies are 

required or will be accepted.
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THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE 

EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Rules of Judicial Administration
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APPENDIX

RULE 2.535. COURT REPORTING

(a) – (h) [No change]

(i) Court Reporting Services in Capital Cases. The chief judge, after 

consultation with the circuit court judges in the circuit, shall enter an 

administrative order developing and implementing a circuit-wide plan for court 

reporting in all trials in which the state seeks the death penalty and in capital 

postconviction proceedings. The plan shall prohibit the use of digital court 

reporting as the primary court reporting system and shall require the use of all 

measures necessary to expedite the preparation of the transcript, including but not 

limited to: 

(1) where available, the use of an approved court reporter who has 

the capacity to provide real-time transcription of the proceedings;

(2) if real-time transcription services are not available, the use of a 

computer-aided transcription qualified court reporter;

(3) the use of scopists, text editors, alternating court reporters, or 

other means to expedite the finalization of the certified transcript; and

(4) the imposition of reasonable restrictions on work assignments 

by employee or contract approved court reporters to ensure that transcript 

production in capital cases is given a priority. 

(j) [No change]

Committee Note

[No change]