Jeffrey Morency ("Defendant") appeals the denial of his motion for access to any audio or videorecording of his trial. Defendant was convicted of robbery with a firearm and sentenced to thirty years' incarceration. He subsequently filed the instant motion, which was summarily denied by the trial court. In its order, the trial court held that any audiorecording created by digital electronic court reporting systems would not be a court record subject to public disclosure. For the following reasons, we reverse the order and remand the case to the trial court.
Public access to judicial records is governed by Florida Rule of Judicial Administration 2.420. This rule provides that "[t]he public shall have access to all records of the judicial branch of government" other than those covered by certain exceptions. Fla. R. Jud. Admin. 2.420(a). It defines "[r]ecords of the judicial branch" as, in pertinent part, all records, including court records, regardless of physical form, made in connection with the transaction of official business by any judicial branch entity. Fla. R. Jud. Admin. 2.420(b)(1). Court records include "electronic records, videotapes, or stenographic tapes of depositions or other proceedings filed with the clerk, and electronic records, videotapes, or stenographic tapes of court proceedings." Fla. R. Jud. Admin. 2.420(b)(1)(A).
The trial court based its decision upon the holding in
The State concedes that, in response to the
We note that the trial court suggested in its order that, because a court reporter was present during Defendant's trial, there may have been no audio or videorecording made. We therefore reverse the order under review and remand for the trial court to determine whether such a recording exists and for further proceedings consistent with this opinion.
REVERSED and REMANDED.
SAWAYA, PALMER, and BERGER, JJ., concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED