FCRA is asking for your help. We need every member to do their part and we need nonmembers to do their part too…and then we’re going to need the help of a lobbyist.

1. We are asking that you contact the Governor’s office. Click this link for a sample letter. You can call the Governor's office at 850-488-7142 or e-mail him at Charlie.Crist@MyFlorida.com.

2. We are asking you to help us get new members. A membership application is attached.

3. We are asking all reporters to complete the survey herein.

4. We are asking for donations to a Legislative Fund. Here is the link to make donations. Nonmembers can donate as well.

CLICK HERE TO DONATE TO THE LEGISLATIVE FUND.

Here’s the situation:

House Bill 5001, the 2010-11 General Appropriations Act, contains specific court reporting rates for certain kinds of criminal cases. This is the language that was contained in SB 2802. If the bill gets signed by the governor, it becomes part of this year’s State budget.

Next Thursday, May 27th, is Crist's deadline to sign HB 5001. We've been advised there are other larger issues that may bring the bill down and result in a special legislative session.  A special session would buy us a little time and that could be a good thing.

The rates in HB 5001 are related only to cases involving court-apponted counsel for indigent criminal defendants and for due process costs for those individuals the court finds indigent for costs. If you or your agency or employer deals with the Justice Administrative Commission, then this bill is probably going to affect you.

FCRA would like to know how many of our members are affected by the legislation. There are many reporters who do not do criminal work and will not be affected….yet. It only makes sense that State Attorneys and Public Defenders won't be far behind in adopting this rate structure.  It's not out of the realm of possibility that insurance companies will look at these rates and want to adopt the caps too, and the rest of the civil world following not far behind.

Reporters in my area will be asked to work at almost half the rates they’ve been getting paid for many years doing the same work. See THE RATES below for the detailed rates language.

We would request all reporters (members and nonmembers) answer our survey by following the link below. Please return to this message after completing the survey.

CLICK HERE TO FILL OUT THE SURVEY.

What can we do?

In the next week, we are asking that you contact the Governor’s office by phone, by fax, and by e-mail. Let the Governor know how devastating the language is and to please veto the bill or somehow get the language removed. If language regarding court reporting page rates is going to be legislated, then reporters across the state need to be heard on the issue. NOW IS THE TIME TO BE HEARD!!

What else can we do?

Benjamin Franklin said: No man's life, liberty or fortune is safe while our legislature is in session.

That being said, FCRA feels it is time once again to procure the services of a lobbyist. It will take someone who is respected and knows how things are done in Tallahassee to get the rates language changed, and we want someone who will work to protect the reporting profession’s interests on other issues as well. We find ourselves in a time and society where representation via a lobbyist is imperative with policymakers.

Before we can do that, we need to greatly increase our membership. Anyone affected by this legislation should be eager to join FCRA and help us get the language changed or removed from the bill. All court reporters should realize the importance of having a voice in Tallahassee when it comes to any legislation regarding the profession. We need those court reporters who aren’t members to join us now. We all could potentially be affected by this legislation.

We believe there to be approximately 3,000 court reporters in Florida. That’s an estimate. We know we have about 600 members. Obviously, 600 members don’t have the resources that 3,000 would.

There is a membership application link to the left. Please print copies of the application and give to every court reporter you know who is not a member and encourage them to join today. Forward this email to every court reporter you know who is not a member and ask them to join. We need their help.

Thank you for your efforts. See below for more details on HB 5001 and the budget process.

Susan Wasilewski, RPR, CRR, CCP, CMRS, FPR
President, FCRA

THE RATES
The following language is found in HB 5001, Section 4, Criminal Justice and Corrections, under Program: Justice Administrative Commission:

(found at page 137)

786E SPECIAL CATEGORIES

CRIMINAL CONFLICT CASE COSTS FROM GENERAL REVENUE FUND ……$16,476,095

Funds in Specific Appropriation 786E are provided for case fees as specified in section 27.5304, Florida Statutes, and expenses as specified in section 29.007, Florida Statutes, of court-appointed counsel for indigent criminal defendants and for due process costs for those individuals the court finds indigent for costs.

The maximum amount to be paid for court reporting and transcribing costs for criminal conflict cases is as follows:

1. Depositions Appearance fees: 1st hour: $50.00; thereafter $25.00 per hour

2. Deposition transcript fee (Original & one copy):
10 business day delivery: $2.95 per page
5 business day delivery: $5.00 per page
24 hours delivery: $7.00 per page
Additional copies: $1.00 per page

3. Appellate/hearing transcript fee (Original & all copies needed with minimum

2):10 business day delivery: $3.95 per page
5 business day delivery: $6.00 per page
24 hours delivery: $8.00 per page
Copies (when original previously ordered): $1.00 per page.

4. Transcription from tapes or audio recordings (other than depositions or hearings): Either $35 per hour listening fee or $3.00 per page, whichever is greater.

5. Video Services: $100 per hour per location.

When a defense attorney orders a transcript, the court reporter shall bill either the number of pages for the transcript or the applicable appearance or listening fee, whichever is greater.

Link to entire text of HB 5001: http://www.myfloridahouse.gov/filestores/Adhoc/Appropriations/GAA/2010-House/Conference%20Report%20House%20Bill%205001.pdf

Budget Talk

Florida’s Budget for 2010-2011 is $70.4 billion. That money is divided into the following seven categories:

1. EDUCATION – LOTTERY FUND
2. EDUCATION
3. HEALTH AND HUMAN SERVICES
4. CRIMINAL JUSTICE AND CORRECTIONS
(Contains PROGRAM: JUSTICE ADMINISTRATIVE COMMISSION)
5. NATURAL RESOURCES / ENVIRONMENT / GROWTH MANAGEMENT / TRANSPORTATION
6. GENERAL GOVERNMENT
7. JUDICIAL BRANCH

The money paid to court reporters on court-appointed cases comes from Section 4, out of the program administered by the Justice Administrative Commission, known as the JAC.

Each year, each house of the Florida legislature writes its own budget.  After each house adopts its own budget bill, the two bills have to go to a conference committee consisting of members of both houses who try to reconcile any differences between the two budget bills.  After the conference process is over, one of the two houses abandons its budget bill and both houses adopt the General Appropriations Act which is the compromise between the two budget bills but has the bill number of one of the original budget bills.

This year, the Senate budget bill dealing with Criminal and Civil Justice Appropriations was SB 2802.  That bill had the court reporter rates in it.  The House budget bill was (is) HB 5001 and it did not contain the court reporter rates.  The Senate passed SB 2802 and the House passed HB 5001.  The two bills went to conference committee and a compromise was reached which included the court reporter rate language.  The final General Appropriations Act carries the bill number HB 5001 but it is not the same as HB 5001 that was passed by the House alone.  SB 2802 died because the Senate voted on and adopted the final version of the budget that came out of the conference committee.  The House also adopted the final version of the budget that came out of the conference committee.

The links below will take you to what is called the Conference Report on HB 5001.  This is the final General Appropriations Act that was adopted by both houses.  The court reporter rate language is on page 137 and 138.

There are many who feel Criminal Justice and Corrections programs are underfunded by the legislature. It competes with education, health and human services, transportation, and the environment for Florida taxpayer dollars.

The economy being what it is, it’s easy to adopt a “what can we do” attitude when it comes to legislation. While results aren’t guaranteed, it is better to do something rather than do nothing. This is why we are going to make a push to grow the membership, get the dollars needed and get a lobbyist’s representation in Tallahassee.