Julianne M. Holt, as Public Defender for the Thirteenth Judicial Circuit, Hillsborough County, Florida, has filed a petition for writ of mandamus seeking to compel the Honorable Diana Allen, as circuit court judge for the Thirteenth Judicial Circuit, to provide her with a “back-up” audiotape of a docket call held in her court. The audiotape is currently in Judge Allen’s possession pursuant to the judge’s request. In support of her petition, the Public Defender asserts that the audiotape is a judicial record to which she is entitled access. See Florida Rule of Judicial Administration 2.051(a).

The audiotape which is the subject of the petition is an informal audiotape made by the court reporter to utilize at a later time to complete official transcripts of court proceedings. The audiotape was not taken in accordance with Florida Rule of Judicial Administration 2.070(b). That rule provides for electronic reporting. The recording was not made pursuant to any court rule, law or ordinance, or in connection with the transaction of official business by the court or any court agency. Further, the audiotape in question is not a judicial record as defined in Rule 2.051(b). See In re: Amendments to Rule of Judicial Administration 2.051— Public Access to Judicial Records, 651 So.2d 1185, 1188 (Fla. 1995). We conclude that the audiotape is not transformed into a judicial record by a circuit court judge requiring the court reporter to relinquish possession of the audiotape to the court.

The petition for writ of mandamus is denied.

dissenting with opinion.

I respectfully dissent. Florida Rule of Judicial Administration 2.051 provides, in pertinent part, as follows:

RULE 2.051 PUBLIC ACCESS TO JUDICIAL RECORDS

(a) Generally. Subject to the rulemaking power of the Florida Supreme Court provided by article V, section 2, Florida Constitution, the following rule shall govern public access to the records of the judicial branch of government and its agencies. The public shall have access to all records of the judicial branch of government and its agencies, except as provided below.

(b) Definition. Judicial records for this rule refer to documents, exhibits in the custody of the clerk, papers, letters, maps, books, tapes, photographs, films, recordings, data processing software, or other material created by any entity within the judicial branch, regardless of physical form, characteristics, or means of transmission, that are made or received pursuant to court rule, law, or ordinance, or in connection with the transaction of official business by any court or court agency.

(Emphasis supplied.)

I do not have great difficulty in concluding that a recording tape made of an official and public “docket-call” of the circuit court by an official court reporter to aid that court reporter’s performance of assigned duties is a “judicial record” that is clearly subject to public access pursuant to Rule 2.051.

I would grant the petition and issue the writ of mandamus requested.