Really!? I hope she is being posecuted now. She can't legally tape that under Florida law.
No, but the Courts legally tape. All she had to do was buy a copy of the tape of the proceeding from the appropriate court official.
Here's the order from the Hillsborough County courts in PDF format.
http://www.fljud13.org/AO/DOCS/95-069.pdf
The text of the order is below:
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IN THE THIRTEENTH JUDICIAL CIRCUIT COURT
FOR HILLSBOROUGH COUNTY, FLORIDA
ADMINISTRATIVE ORDER NO. S-15-27-95-69
(Supersedes Administrative Order S-27-86-55-i)
IN RE: ELECTRONIC RECORDING OF COURT PROCEEDINGS
WHEREAS
Florida Rule of Judicial Administration 2.070 authorizes the use of electronic
voice recording equipment in all Circuit and County Courts for the purpose of recording all
proceedings required by law to be reported, ordered by the court to be recorded, or requested by the
parties in an action (the "recordings"), and the recording will constitute official court records; and
WHEREAS
the court may order any proceeding stenographically reported, even when
electronic recording is available, when, in the opinion of the court, the rights of the parties will be
better safeguarded by stenographic reporting. It is therefore
ORDERED:
The following procedures, rules and regulations shall govern the electronic recording of the
court proceedings in the Thirteenth Judicial Circuit:
1.
All county criminal court proceedings shall be electronically recorded except when
ordered otherwise by the court.
2.
Operating and transcribing of electronic recordings of court proceedings shall be by
Electronic Court Reporters, with qualifications established by the chief judge or a designee, so as to
ensure the recordings are made by individuals with the ability to record and transcribe and who are
sufficiently responsible to certify as to the correctness of the transcript. The Electronic Court
Reporters will be under the direction and control of the chief judge. Policies and administrative
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procedures relating to the electronic Court Reporters will be implemented by the court administrator
or a designated representative or both.
3.
Electronic recording equipment shall be operated by qualified personnel in such
manner and under such conditions as to ensure the production of a readable record of all proceedings.
When proceedings are being recorded, the Electronic Court Reporter shall monitor the recording
input and immediately notify a designated court official when the quality of the recording is doubtful.
4.
All Electronic Court Reporters will prepare transcripts of court proceedings during
regular working hours and shall not be eligible to retain fees for the preparation of transcripts.
Overtime compensation at the rate of one and one-half times the regular rate of pay will be provided
for all hours worked in any one week in excess of forty hours.
5.
Transcripts or tapes provided at the request of any party or parties other than the state
attorney's office or public defender's office will be detailed and certified by the Electronic Court
Reporter's Office. Collection of fees for this service will be made at the rates authorized in the
administrative order regarding court reporters' fees in effect at the time of the request. Cassette tape
recordings may be purchased at the rate authorized in the governing administrative order in effect at
the time of the request. Unless canceled before actual transcription, any party having ordered a
transcript shall be obligated to pay the cost of such transcription. All fees collected will be accounted
for and submitted to Hillsborough County in a manner deemed appropriate by the clerk of the circuit
court.
6.
Any interested party may order a transcript or tape of a court action. The request shall
designate with particularity that portion of the proceedings on the recorded tape that is needed for
the party's purpose. A party who, having ordered a transcript or tape, fails to immediately notify the
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Electronic Court Reporter that the transcript or tape is no longer required, shall be obligated to pay
the cost of the transcript or tape and the County shall not bear the expense. Requests for expedited
transcripts of court proceedings will be accepted only upon order of the court following written
motion showing good cause.
7.
The Electronic Court Reporter preparing the transcript shall certify the transcript as
a true and accurate text of the tape. If any dispute arises as to whether any transcript truly discloses
what occurred, the dispute shall be submitted to and settled by the court and the transcript made to
conform accordingly.
8.
All transcripts of judicial proceedings shall be uniform in size and method of typing
and in conformity with the provisions of Florida Rule of Judicial Administration 2.070(g).
9.
The Electronic Court Reporters shall maintain a detailed, accurate, legible record of
all proceedings recorded on each magnetic tape. All magnetic tapes, properly identified, together
with copies of the recording log, will be stored by the clerk of the circuit and county courts. The
clerk's office will make provisions for ready accessibility of the tapes.
10.
Administrative Order S-27-86-55i is hereby rescinded.
11.
This Administrative Order shall be effective on July 17, 1995.
DONE AND ORDERED
in Chambers in Tampa, Hillsborough County, Florida, this 7th day
of July, 1995.
/S/ F. Dennis Alvarez
F. Dennis Alvarez, Chief Judge
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cc:
All Circuit and County Court Judges
Richard Ake, Clerk of the Court
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