Amendments To Florida Rule Of Judicial Administration On Public Access To Judicial Branch Records

by Carlton Fields
Contact

On March 28, the Florida Supreme Court issued a decision adopting several proposed amendments to Florida Rule of Judicial Administration 2.420, Public Access to Judicial Branch Records. The amendments, which become effective May 1, 2013, are intended to clarify the rule and refine the procedures for determining the confidentiality of court records.

The following summarizes the significant amendments to Rule 2.420.

Several amendments were made to subdivision (d) Procedures for Determining Confidentiality of Court Records. First, subdivision (d)(1)(B) was amended to clarify that the language of the controlling statute or rule, not the language used within the 20 listed categories of automatically confidential information, must be considered when determining what information must be maintained confidential by the clerk of court. Subdivisions (d)(1)(B)(i)-(xx) were amended to make the language used to describe the 20 categories of automatically confidential information consistent with the referenced statutes or rule.

The most significant change to subdivision (d)(2) is the deletion of the requirement that the filer identify the specific subdivision (d)(1)(B) category of confidential information that applies to the information identified in the notice of confidential information. Consistent with amendments to subdivision (d)(2), the court amended the notice form to make it more generic and concise. However, the filer still must identify the precise location of the confidential information within the document being filed. Subdivision (d)(2) was also amended to provide that, if an entire document is confidential, the filer need only indicate that the entire document is confidential.

New subdivision (d)(2)(A) allows for “after-the-fact” notification of confidential information in a court filing. The notice can be used when confidential information or documents were not initially identified by the filer and are not being maintained as confidential by the clerk of court. The option to file the after-the-fact notice was also added to the notice form.

The certificate of service in the form was amended to accommodate service on affected non-parties and to include a reference to new subdivision (k), Procedure for Service on Victims and Affected Non-parties and When Addresses Are Confidential. The court revised the certificate of service form to provide for service consistent with new Rule of Judicial Administration 2.516.

New subdivision (d)(5) requires a judge, magistrate, or hearing officer (“court”) who files an order or other document containing confidential information to identify the confidential information as confidential and include in the title of the document the word “confidential.” The court also must provide the clerk with a copy of the order or other document with the confidential information redacted.

Subdivisions (e)(1)(B)-(C) were amended to advise the filer that, when specifying the bases for determining the records are confidential and setting forth the specific legal authority and legal standard for that determination, the confidential information should not be revealed. The last paragraph of subdivision (e)(1) was amended to clarify that the subdivision applies to “written” motions, as opposed to oral motions, which are now authorized under new subdivision (h). Finally, a procedure for filing a response to a written motion is also added.

Subdivision (f), Request to Determine Confidentiality of Court Records in Criminal Cases, was amended to clarify that oral motions are permitted in criminal cases. Of significance is the deletion of the requirement that all parties sign the motion to determine confidentiality in order to evidence agreement and avoid scheduling a hearing on the motion.

Subdivision (g)(2), Request to Determine Confidentiality of Appellate Court Records in Noncriminal Cases, was amended to require an appellate court to issue a written ruling on a motion to determine confidentiality of appellate records in a noncriminal case within 30 days of the filing of a response on a contested motion, or within 30 days of the filing of an uncontested written motion.

Subdivision (h), Oral Motions to Determine Confidentiality of Trial Court Records, is new. It authorizes oral motions to keep information confidential when the movant is unable to file a written motion. However, oral motions generally must comply with the requirements of subdivision (e)(1); all parties or affected non-parties must be present or properly noticed; the movant must show good cause for not filing a written motion; a written motion must be filed within five days; and the court may deny an oral motion if it finds that written motion could have been filed or that the movant failed to give adequate notice.

New subdivision (i), Sanctions, cures inconsistencies in the existing sanctions provisions. The new subdivision is patterned after deleted subdivision (e)(6).

New subdivision (j), Procedure for Obtaining Access to Confidential Court Records, provides a procedure for individuals who have a legal basis for obtaining access to confidential information in court records to gain access to that information by court order without altering the confidential status of those records.

New subdivision (k), Procedure for Service on Victims and Affected Non-parties and When Addresses Are Confidential, consolidates and replaces the various separate provisions for service throughout the rule, which were deleted. Subdivision (k)(1) requires that service on victims of a crime be made by serving the state attorney. Subdivision (k)(2) provides for service on an affected non-party whose name or address is not confidential. Subdivision (k)(3) provides for service by the court when the name or address of the party or affected non-party being served is confidential.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Carlton Fields | Attorney Advertising

Written by:

Carlton Fields
Contact
more
less

Carlton Fields on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.