The Florida Supreme Court issued an order Tuesday amending Florida Rule of Appellate Procedure 9.200(f) to streamline the transcript procurement process for indigent criminal defendants pursuing appeals. The amendment, which becomes effective April 1, 2026, at 12:01 a.m., eliminates the need for separate court orders to compel court reporters to provide transcripts in criminal appeals involving indigent defendants.
The court acted on a proposed amendment to Rule 9.200(f), which governs record correction and supplementation in appellate proceedings. After publishing the proposal for public comment, the court received two comments, neither expressing opposition to the changes. Chief Justice Carlos Muñiz and Justices Jorge Labarga, John Couriel, Jamie Grosshans, Renatha Francis, and Meredith Sasso concurred in the per curiam opinion. Justice Laural Tanenbaum did not participate in the decision.
The amendment adds a new subdivision (4) to Rule 9.200(f) that specifically addresses criminal appeals where the lower tribunal has declared the defendant indigent for appeal purposes. Under the new provision, an order from the appellate court directing supplementation of the record is sufficient to compel the court reporter to provide a transcript to the clerk of the lower tribunal within the specified time period. Crucially, the rule states that "no separate order by the lower tribunal to transcribe proceedings is required."
This procedural change addresses a previously cumbersome process that required multiple court orders and coordination between different levels of the judicial system. Before the amendment, indigent defendants and their counsel often faced delays in obtaining necessary transcripts for appeals due to the requirement for separate orders from trial courts to compel court reporter transcription.
The amendment represents a targeted reform aimed at improving access to appellate review for indigent criminal defendants. By eliminating the requirement for separate trial court orders, the new rule reduces administrative burdens and potential delays that could affect the timing of criminal appeals. The change ensures that when an appellate court orders record supplementation, court reporters must comply within the specified timeframe without additional procedural steps.
The Florida Public Defender Association participated in the rulemaking process, with representation from Public Defender Stacy Scott of the Eighth Judicial Circuit and Public Defender Jessica Yeary and Assistant Public Defender Megan Long of the Second Judicial Circuit. The Florida Bar also provided input through Executive Director Joshua Doyle and Staff Liaison Heather Savage Telfer, along with Appellate Court Rules Committee Chair Dwayne Antonio Robinson.
The Supreme Court of Florida has jurisdiction over appellate procedure rules under Article V, Section 2(a) of the Florida Constitution and Florida Rule of General Practice and Judicial Administration 2.140(d). The court's per curiam opinion noted this jurisdictional authority in adopting the amendment.
The amendment follows established procedures for rule changes, including publication for comment and consideration of public input. The court's decision to proceed despite receiving only two comments reflects the uncontroversial nature of the procedural improvement and its alignment with principles of judicial efficiency and access to justice.
The timing of the April 1 effective date provides courts, court reporters, and practitioners with adequate notice to adjust their procedures. The court specified that the filing of a motion for rehearing will not alter the effective date, indicating the court's confidence in the amendment and desire for prompt implementation.
This rule change represents part of ongoing efforts by Florida courts to modernize and streamline appellate procedures. The amendment specifically benefits indigent defendants, who often face additional challenges in navigating the appellate process due to limited resources and reliance on court-appointed counsel.
The new subdivision complements existing provisions in Rule 9.200(f) that govern record correction and supplementation more broadly. By creating a specific procedure for indigent criminal appeals, the court has addressed a particular area where procedural inefficiencies could impact access to appellate review.
Court reporters will now be required to respond directly to appellate court orders for transcript production in indigent criminal cases, eliminating the previous requirement for trial court intervention. This change should reduce delays and administrative confusion that previously complicated the record supplementation process.
The amendment takes effect statewide and applies to all Florida appellate courts handling criminal appeals involving indigent defendants. Public defenders and court-appointed counsel representing indigent criminal defendants will benefit from the streamlined process when seeking to supplement appellate records with necessary transcripts.
The rule change reflects the Florida Supreme Court's commitment to ensuring that procedural requirements do not create unnecessary barriers to appellate review, particularly for defendants who qualify as indigent. The amendment maintains appropriate judicial oversight while eliminating redundant procedural steps that previously complicated transcript procurement for criminal appeals.