IN RE TRANSITION RULE 12
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The Florida Supreme Court adopted Transition Rule 12 to implement Senate Bill 24-A, establishing temporary compensation procedures for court reporters and their deputies in criminal proceedings. The rule set forth a monthly certification process and compensation structure with a base rate of $5,400 annually for up to 60 hours per month, with additional hours compensated at $10 per hour.
The Court adopted Transition Rule 12, establishing a monthly certification process whereby court reporters certify hours to their circuit chief judge, who forwards the certification to the Florida Supreme Court Chief Justice. The rule implements a tiered compensation system: up to 60 hours per month at an annual rate of $5,400, with minimum credits of 2.5 hours for first appearances and hour-for-hour credits for time exceeding 5 hours per day, plus $10 per hour for accumulated hours beyond 60.
[1] Temporary rules may be promulgated to effectuate statutory provisions regarding court reporter compensation.
[2] Official court reporters must certify monthly hours of service to the chief judge for approval.
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Join FLexlaw to unlock all legal intelligence“In order to effect the provisions of Senate Bill 24 — A, a bill providing for supplementary services of Court Reporters and a supplementary appropriation effective January 1, 1973, it is necessary to promulgate certain temporary rules with respect to crediting hours of service by official Court Reporters and their approved Deputies in criminal proceedings by circuit and county courts.”
Establishes the statutory authority and purpose for adopting the transition rule
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Join FLexlaw to unlock all legal intelligenceSenate Bill 24-A provided for supplementary services of court reporters and a supplementary appropriation effective January 1, 1973. The court needed …
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In order to effect the provisions of Senate Bill 24 — A, a bill providing for supplementary services of Court Reporters and a supplementary appropriation effective January 1, 1973, it is necessary to promulgate certain temporary rules with respect to crediting hours of service by official Court Reporters and their approved Deputies in criminal proceedings by circuit and county courts. The appended transition rule is hereby adopted effective immediately.
It is so ordered.
CARLTON, C. J., and ROBERTS, ERVIN, ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.
TRANSITION RULE 12. COMPENSATION OF COURT REPORTERS IN CRIMINAL PROCEEDINGS BY CIRCUIT AND COUNTY COURTS.
After January 1, 1973, each official court reporter shall on a monthly basis certify to the chief judge of the circuit to which he is appointed, the number of hours service of himself and his approved deputies in criminal proceedings in circuit and county courts; upon approval by the chief judge such certification shall be submitted by the chief judge to the chief justice of the supreme court of Florida not later than the tenth day of the following month.
Section I, of Senate Bill 24 — A, authorizes a per hour rate and/or allowances for reporting services in criminal proceedings in excess of those required by the chief justice of the supreme court of Florida. The schedule for those services is as follows :
1.Each official court reporter shall serve a maximum of sixty hours per month for which compensation by the State of Florida will be paid at an annual rate of $5,400.
2. Minimum credit toward this sixty hours of two and one-half hours each day shall be given for first appearance in any court before the lunch recess and a minimum credit of two and one-half hours shall be given for first appearance after that recess. An hour-for-hour credit will be given for actual time spent in court exceeding five hours per day.
3. Any number of hours accumulated in addition to sixty by the formula set forth above will be compensated at the rate of $10 per hour.
4. Each official court reporter may accumulate credit for the services of any of his officially approved deputies in the same manner as if he had performed these services personally.
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In re Florida Rules of Criminal Procedure, 272 So. 2d 65 (Fla. 1972)
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Benyard v. Louie L. Wainwright, 322 So. 2d 473 (Fla. 1975)…, subject to repeal by the legislature in accordance with our constitutional provisions. See In re Clarification of Florida Rides of Practice and Procedure, 281 So. 2d 204 (Fla.1973); In re Florida Rules of Criminal Procedure, 272 So. 2d 65, amended 272 So. 2d 513 (Fla.1973). The prescribed punishment for a criminal offense is clearly substantive law. State v. Garcia, 229 So. 2d 236 (Fla.1969). An argument can be made that the manner of the imposition of the sentence is procedural ; however, it is our opinio…
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Bartee v. State, 401 So. 2d 890 (Fla. 5th DCA 1981)…2 amendment to the Florida Rules of Criminal Procedure (see 272 So. 2d 65 at 88-89) immediately before the criminal rules were amended to authorize prosecutions in county courts for violation of municipal ordinances by affidavit or docket entry (see 272 So. 2d 513 at 514) and before the adoption in 1973 of Florida Rule of Criminal Procedure 3.125. Florida Rule of Criminal Procedure 3.140(n) and certain other rules (particularly including Florida Rule of Criminal Procedure 3.220 relating to discovery) should b…
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