RULES FOR CERTIFICATION AND REGULATION OF COURT

RULES FOR

CERTIFICATION AND REGULATION

OF COURT REPORTERS

13.010 DEFINITIONS

(a) Court Reporting; Reporting. "Court reporting," or

"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 the courts of this state, including all discovery proceedings

conducted in connection therewith, and all proceedings required

by statute to be reported by a certified or official court

reporter. It does not mean either the act of taking witness

statements not intended for use in court as substantive evidence,

or the act of electronic recording and transcription of

proceedings as provided for in Florida Rule of Judicial

Administration 2.070(g)(3).

(b) Certified Court Reporter. A "Certified Court Reporter"

is a person who has satisfied the requirements established by the

Florida Court Reporter Certification Board and received a

certificate attesting to that fact, and is entitled to use the

designation "CCR" only in connection with the reporting

methodology by which those requirements were satisfied (i.e.,

"CCR-Stenographic," "CCR-Stenomask," "CCR-Electronic").

Certification Board.

(d) Court. "Court" means any county, circuit or appellate

court of this state.

13.020 PURPOSE

These rules are intended to ensure proficiency in the

practice of court reporting, a profession which plays a critical

role in the judicial system of this state, by establishing a

minimum acceptable level of competence for those engaged in that

profession.

13.030 SCOPE

These rules apply to all persons engaging in the practice of

court reporting.

13.040 FLORIDA COURT REPORTER CERTIFICATION BOARD

(a) Board Composition. The Florida Court Reporter

Certification Board is hereby created, to supervise the

examination, certification, and conduct of persons engaged in

court reporting. The board shall be under the supervisory

authority of the Florida Supreme Court. It shall be composed of

11 persons, appointed by the chief justice as follows:

(1) two members of The Florida Bar engaged in the practice

of law in the courts of 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 1 of whom shall be a stenomask

reporter, and at least 1 of whom shall be an electronic reporter.

(b) Staff. Such staff as may be necessary to permit the

board to carry out its duties shall be provided by the Office of

the State Courts Administrator.

its members to serve as chair, and 1 to serve as vice-chair. A

majority of the board shall constitute a quorum.

(d) Vacancies. Any vacancy on the board shall be filled

according to subdivision (a). A person appointed to fill a

vacancy shall serve for the remainder of the term of the member

being replaced.

(e) Terms. The initial terms of board members shall be as

follows:

(1) one year: the court-administrator member, and 2 court-

reporter members;

(2) two years: 1 judicial member, 1 Florida-Bar member, and

2 court-reporter members;

(3) three years: 1 judicial member, 1 Florida-Bar member,

and 2 court-reporter members.

Following the initial terms, all terms shall be 3 years, and all

court-reporter members shall be Certified Court Reporters. Board

members shall be eligible for reappointment. However, no person

shall serve more than 2 consecutive terms.

(f) Duties. The duties of the board shall include the

following:

(1) The board shall be responsible for the testing,

certification, regulation, discipline, suspension, and

decertification of court reporters.

(2) The board shall have the authority to adopt rules

governing its operating procedures.

(3) The board may make recommendations to the Florida

Supreme Court regarding the amendment of these rules.

(g) Fees. The board shall have authority to recommend to

the Florida Supreme Court such fees as the board may deem

necessary to permit it to carry out its duties, including, but

not limited to, application fees, examination fees, and

certification renewal fees. All such fees shall be paid within

the time specified by the board, shall be made payable to the

State of Florida, and shall be non-refundable.

(h) Records. The board shall maintain records and minutes

of its meetings and all other official actions. It shall also

maintain a record of all continuing education credits earned by

Certified Court Reporters, and a registry containing the names,

addresses, dates of certification, methods of reporting, and

identification numbers of all Certified Court Reporters.

(i) Expenses. Members of the board shall serve without

compensation. However, they shall be reimbursed for all

reasonable expenses incurred in the performance of their duties,

in compliance with all rules and statutes governing such

reimbursement.

13.050 APPLICATION FOR CERTIFICATION

All applicants seeking certification shall apply on a form

approved by the board and pay the fee established by the board.

13.060 QUALIFICATIONS

All applicants for certification must establish to the

board's satisfaction that they are at least 18 years of age; that

they have either graduated from high school or earned a general

equivalency diploma; that they are of good moral character; and

that they have read, and are familiar with, Florida rules of

court bearing on the practice of court reporting. In addition,

all applicants must either take and pass an examination

prescribed by the board, or satisfy the board that they qualify

for waiver of the examination requirement pursuant to rule

13.080(a) or (b).

13.070 EXAMINATION

The board, or such entity or entities to which it may

delegate such authority, shall develop and administer an

examination to all applicants seeking Certified Court Reporter

certification, to ensure that such applicants possess a

satisfactory level of proficiency in making a verbatim record of

judicial, and related, proceedings. The examination shall be

administered not less than twice each year, at such times and

places as may be designated.

13.080 WAIVER OF EXAMINATION REQUIREMENT

Upon the presentation of proof satisfactory to the board,

the examination requirement shall be waived for the following

persons:

(a) anyone holding a current certificate which, in the

opinion of the board, is similar to the Certified Court Reporter

certificate and has been conferred by another state or the

District of Columbia, provided that the examination requirements

are substantially similar to those of this state;

(b) anyone holding a current Registered Professional

Reporter Certificate issued after testing by the National Court

Reporters Association, a current Certified Verbatim Reporter

Certificate issued after testing by the National Stenomask

Verbatim Reporters Association, or a current certificate issued

after testing by any organization which, in the opinion of the

board, reflects a similar level of proficiency.

13.090 ISSUANCE OF CERTIFICATE

Upon satisfactory completion of the specified prerequisites,

the board shall issue to an applicant a certificate as a

Certified Court Reporter, which shall include an identification

number and shall specify the reporting methodology by which

certification was accomplished (i.e., stenographic, stenomask, or

electronic). Once issued, the certificate shall remain valid

unless suspended or revoked by the board.

13.100 RENEWAL OF CERTIFICATE

(a) Annual Renewal Fee. Each Certified Court Reporter shall

pay an annual certificate renewal fee, in an amount set by the

board. A certificate shall be suspended automatically upon

nonpayment, but shall be reinstated upon application to the

board, accompanied by payment, made within 60 days of the date of

suspension. Upon expiration of the 60-day grace period, any

request for reinstatement must be made pursuant to rule 13.190.

(b) Notification. The board shall notify all Certified

Court Reporters in writing of the expiration date of their

certificate at least 90 days before such date. Notice shall be

by regular United States mail, directed to the last mailing

address on file with the board.

13.110 CONTINUING EDUCATION

(a) Requirement. Each Certified Court Reporter shall earn

at least 30 continuing education credits every 3 calendar years.

Application for approval of the preceding years' continuing

education credits shall be made in writing, on a form to be

furnished by the board, when the annual certificate renewal fee

is paid.

(b) Approved Programs. The board shall maintain a list of

approved continuing education programs. Approval of any

educational program or activity not listed shall be subject to

the board's discretion.

13.120 PROHIBITED CONDUCT GENERALLY

The following conduct is prohibited, and may lead to

disciplinary action:

(a) accepting employment knowing that a conflict of interest

exists, or continuing employment after becoming aware of the

existence of a conflict of interest;

(b) partiality toward, or prejudice against, any participant

in any matter which is the subject of employment;

any employment;

(d) failing to disclose to the appropriate party any present

or past business, financial, professional, family, or social

relationship which might reasonably create an appearance of

partiality in any matter which is the subject of employment;

(e) failing to take steps necessary to ensure the

confidentiality of information classified as such, and entrusted

to one's possession in connection with any employment;

(f) accepting, or failing to resign from, employment

believed to be beyond one's level of knowledge, skill, or

competence;

(g) failing timely to deliver transcripts;

(h) failing to prepare an accurate transcript;

(i) failing promptly to notify all other parties when a

party orders one's work product, provided that the work product

is of such a nature that it might have been ordered by any party;

(j) failing to offer the same services to all parties to the

same proceeding;

(k) disseminating misleading or deceptive information

regarding one's qualifications;

(l) violating any duty imposed by statute, rule, or order of

court;

(m) engaging in conduct proscribed by rule 13.130.

13.130 CONDUCT WARRANTING SUSPENSION

OR REVOCATION OF CERTIFICATION

A certificate issued pursuant to these rules may be

suspended or revoked for any of the following reasons:

(a) conviction of a felony, or of a misdemeanor involving

moral turpitude, dishonesty, or false statement;

(b) fraud, dishonesty, or corruption which is related to the

functions and duties of a Certified Court Reporter;

of a cease and desist notice from the board;

(d) alcohol or drug abuse which interferes, or poses a

serious threat of interference, with the performance of the

duties of a Certified Court Reporter;

(e) physical incapacity or mental instability which

interferes, or poses a serious threat of interference, with the

performance of the duties of a Certified Court Reporter;

(f) gross incompetence, or unprofessional or unethical

conduct;

(g) willful, substantial, or repeated violation of any duty

imposed by statute, rule, or order of court;

(h) fraud or misrepresentation in obtaining or renewing

certification;

(i) noncompliance with continuing education requirements;

(j) nonpayment of renewal fees.

13.140 DISCIPLINARY PROCEDURES

(a) Initiation. Disciplinary proceedings may be initiated

either by a sworn complaint asserting a violation of these rules,

or by the board, on its own motion.

(b) Probable Cause; Notification. If a majority of the

board finds probable cause to believe that a violation of these

rules has occurred, it shall send written notice thereof,

identifying the rule or rules alleged to have been violated, to

the Certified Court Reporter by certified United States mail

directed to the last mailing address on file with the board.

of probable cause, the Certified Court Reporter shall file a

written response with the board. If the Certified Court Reporter

does not respond, the violations identified in the finding of

probable cause shall be deemed admitted.

(d) Board Review. Within 60 days after the filing of the

written response to the finding of probable cause or within 60

days following the expiration of the time within which to file a

response if none is filed, the board shall review the complaint,

the finding of probable cause, the response (if any), and any

other pertinent materials, and decide whether to (i) dismiss the

proceeding; (ii) issue a proposed disposition; or (iii) set a

hearing. The board shall promptly send written notice of its

decision to the Certified Court Reporter, by certified United

States mail.

(e) No Hearing Demanded. A proposed disposition issued

pursuant to subdivision (d)(ii) shall become final unless the

Certified Court Reporter demands a hearing within 30 days of the

date on which it was issued.

(f) Timing of Hearing. Absent good cause, no hearing shall

take place less than 30 days, or more than 90 days, from the date

of notice pursuant to subdivision (d)(iii) or of the Certified

Court Reporter's demand pursuant to subdivision (e).

(g) Identity of Complainant. Upon written request filed

with the board after a hearing has been set, the board shall

promptly reveal to the Certified Court Reporter the identity of

the complaining party.

(h) Legal Representation. The Certified Court Reporter may

be represented by an attorney at any stage of the proceeding.

The Certified Court Reporter shall be responsible for all of his

or her costs and expenses, including attorney fees.

13.150 DISCIPLINARY HEARINGS

(a) Pre-hearing Discovery. Pre-hearing discovery shall not

be permitted unless expressly authorized by the board, in

response to a written request.

(b) Rules of Evidence. Strict rules of evidence shall not

apply. The board may, in its discretion, consider any evidence

presented, including affidavits, giving such evidence the weight

it deems appropriate.

all hearings are reported.

(d) Hearing Procedure. At the hearing, both the board and

the Certified Court Reporter shall be afforded the opportunity to

introduce documents and other relevant evidence, and to elicit

sworn testimony.

(e) Board Deliberations. Following the presentation of

evidence, the board shall deliberate regarding its decision.

Such deliberations shall take place in private.

(f) Finality of Decision; Rehearing. Unless the Certified

Court Reporter files a request for rehearing within 30 days of

the date of the decision, the decision shall become final without

further action. If a timely request for rehearing is filed, the

decision shall not become final until the request has been

disposed of by written decision, a copy of which shall be sent to

the Certified Court Reporter by certified United States mail.

13.160 DISCIPLINARY DISPOSITIONS

(a) Burden of Proof. If the board finds that there is clear

and convincing evidence that the Certified Court Reporter has

violated one or more of these rules, it shall impose such

discipline as it may deem appropriate, consistent with these

rules.

(b) Vote Required; Notification. All decisions of the board

shall be by majority vote, in writing and, if adverse to the

Certified Court Reporter, shall contain factual findings

supporting the decision. A copy of the decision shall be sent to

the Certified Court Reporter by certified United States mail.

following:

(1) a private reprimand;

(2) a public reprimand;

(3) the imposition of costs and expenses incurred by the

board in connection with the proceeding, 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 certification examination be successfully taken, or

retaken;

(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.

13.170 CONFIDENTIALITY OF DISCIPLINARY PROCEEDINGS

When a disciplinary proceeding is either dismissed or

results in a private reprimand, all records of the proceeding

shall remain confidential; otherwise, all such records shall

become public when the board's decision becomes final.

13.180 REVIEW OF ADVERSE DISCIPLINARY DISPOSITIONS

Within 30 days of a final adverse disciplinary disposition

after a hearing, the Certified Court Reporter may seek review by

filing a written request, addressing the merits, with the clerk

of the Supreme Court of Florida. Review shall be by the chief

justice, or by such other person or persons as may be designated

by the chief justice, who may take such action as is deemed

appropriate, which action shall not be subject to further review.

13.190 REINSTATEMENT

A Certified Court Reporter whose certificate has been

suspended or revoked may apply in writing for reinstatement.

Such request shall explain why the applicant believes that he or

she should be reinstated, and shall be accompanied by a renewal

fee in an amount set by the board. Whether to grant or to deny

such a request shall rest in the sole and absolute discretion of

the board. The board may impose such conditions upon

reinstatement as it deems appropriate.