2025 Admin Order 25-19 Amended

25-19 AMENDED, SUPERSEDES 25-19 IN RE: JUDICIAL FACILITIES – ELECTRONIC RECORDING BY THE GENERAL PUBLIC - ORDERED 5/15/2025 BY CHARLES G. CRAWFORD

JUDICIAL FACILITIES – ELECTRONIC RECORDING BY THE GENERAL PUBLIC

WHEREAS, the Court has the responsibility to preserve the dignity and decorum of the courthouse, the fair administration of justice, and the safety and security of all employees and citizens who enter the courthouses in the Eighteenth Judicial Circuit;
WHEREAS, within all courthouses in the Eighteenth Judicial Circuit, a danger to existing security measures occurs when recording by electronic devices captures security features that are in place throughout the courthouses, including but not limited to sensitive witnesses such as undercover police officers and protected witnesses who are required to appear in court, and jurors or potential jurors who are required to appear in the courthouse;
WHEREAS, as a result of this danger to existing security measures, it is necessary to prohibit members of the general public from using electronic devices to record within the interior of all courthouses in the Eighteenth Judicial Circuit absent specific permission being granted by the Chief Judge of the Eighteenth Judicial Circuit of the State of Florida;
WHEREAS, Rule 2.451(d)(2), Florida Rules of General Practice and Judicial Administration, states that the “use of electronic devices in a courthouse or court facility is subject at all times to the authority of the chief judge to (A) ensure decorum and prevent distractions; (B) ensure the fair administration of justice; and (C) preserve court security.”
WHEREAS, the Eleventh Circuit Court of Appeals in United States v. Hastings, 695 F.2d 1278, 1280 (11th Cir. 1983), recognized that the right of the public to attend trials does not bring with it an accompanying right to televise, record, and broadcast those trials in the same way the United States Supreme Court explicitly rejected the idea that the First Amendment provides for “the right to copy and publish…. exhibits and materials displayed in open court.” Nixon v. Warner Communications, Inc., 435 U.S. 589, 98 S.Ct.1306, at 1317 (1978) (“The requirement of a public trial is satisfied by the opportunity of members of the public and the press to attend the trial and to report what they have observed.”).
WHEREAS, the unfettered ability of the public to record all activity within all public spaces of a courthouse would eviscerate the intended protections of litigants afforded by judges who place reasonable restrictions on those activities within the individual courtrooms of this circuit;
WHEREAS, electronic recording inside any courtroom or hearing room shall continue to be permitted at the discretion of the presiding judge and shall continue to be governed by Rule 2.450, Florida Rules of General Practice and Judicial Administration, Rule 6.460(b), Florida Rules of Traffic Court, and all applicable Administrative Orders that are currently in effect and nothing herein shall be construed to affect those practices;
WHEREAS, Chapter 810.08, Florida Statutes provides that any person “having been authorized, licensed, or invited, [who] is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a structure or conveyance.”
NOW THEREFORE, by the authority vested in me as the Chief Judge of the Eighteenth Judicial Circuit and pursuant to the Florida Rules of Judicial Administration, it is hereby ORDERED AND ADJUDGED that:

1. Any member of the general public who seeks to electronically record within the interior of any state or county courthouse may apply for permission ten (10) days prior to the requested recording date through the Chief Judge of the Eighteenth Judicial Circuit using the form attached to this Administrative Order as “Attachment A.”
2. Absent permission from the Chief Judge of the Eighteenth Judicial Circuit, members of the general public are prohibited from using electronic devices to record within the interior of any state or county courthouse, annex or judicial structure (hereinafter together “Courthouse Property”) within the boundaries of the Eighteenth Judicial Circuit. Electronic recording shall include taking photographs, filming, videotaping, audiotaping, broadcasting, and telecasting.
3. Other uses of electronic devices shall continue to be governed by Rules 2.450 and 2.451, Florida Rules of Judicial Administration, Rule 6.460(b), Florida Rules of Traffic Court, and the authority of the Chief Judge pursuant to Rule 2.451(c)(2), Florida Rules of Judicial Administration.
4. A member of the general public who does not have permission to electronically record from the Chief Judge of the Eighteenth Judicial Circuit who is found to be recording within the Courthouse Property in violation of this Order and who fails to comply with a directive to cease recording, by a person authorized to communicate such directive1, shall be prohibited from remaining within the courthouse until such time as that person is no longer in possession of any electronic and/or recording devices.
5. Such person may be directed to depart the Courthouse Property by a person authorized to communicate such directive. The failure to comply with an order to depart as communicated by a
   (1 For the purposes of this Order a “person authorized to communicate such directive” means either the Chief Judge, Clerk, State Attorney, Public Defender, or their respective designees and agents, as it relates to any “Courthouse Property” over which such party has control.) person authorized to communicate such directive shall constitute trespassing after warning contrary to Florida Statutes Section 810.08 and 810.09, as applicable.
6. Absence from a court proceeding as a result of the violation of this Administrative Order shall not excuse the person from appearing in court as required.
7. This order shall in no way abrogate or amend Rule 2.451, Florida Rules of General Practice and Judicial Administration or Amended AO 23-22, Administrative Orders 18th Judicial Circuit.
8. Trespass warnings issued pursuant to this Administrative Order shall be limited to the specific Courthouse Property where the violation occurred. A trespass warning pursuant to this section shall not be issued unless the person is first verbally warned that they are violating this Administrative Order on Courthouse Property and asked to cease recording immediately. A trespass warning pursuant to this Order shall not be issued unless the person refuses to abide by a directive to cease recording from person authorized to communicate such directive.
9. The Chief Judge, Clerk, State Attorney, Public Defender, or their respective designee or agent, as it relates to any Courthouse Property over which such party has control, will provide a copy of the trespass warning via U.S. mail or hand delivery to (1) the person given the warning and (2) the Circuit Chief Judge or the Circuit Trial Court Administrator or official having control over the Courthouse Property where the violation occurred. The trespass warning shall include information advising of the right to appeal.
10. This Administrative Order shall be recorded by the Clerks of Court, in the Official Records of both Seminole and Brevard Counties, in the State of Florida, and shall take effect immediately and remain in full force and effect unless and until otherwise ordered by this Honorable Court.

DONE AND ORDERED in Chambers at Viera, Brevard County, Florida, this 15th day of May 2025.

CHARLIE CRAWFORD
CHIEF JUDGE