In re Amendments to Fla. Rule of Judicial Admin. 2.420

• Decision Date: 21 January 2021
• Docket Number: No. SC20-1765,SC20-1765
• Citation: 320 So.3d 626 (Mem)
• Parties: IN RE: AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.420.
• Court: Florida Supreme Court

320 So.3d 626 (Mem)

IN RE: AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.420.

No. SC20-1765

Supreme Court of Florida.

January 21, 2021

PER CURIAM.

The Court, on its own motion, amends Florida Rule of Judicial Administration 2.420(d) (Public Access to and Protection of Judicial Branch Records; Procedures for Determining Confidentiality of Court Records) to eliminate the requirement that the clerk of court independently designate as confidential information filed in certain civil cases. See Fla. R. Jud. Admin. 2.140(d). We have jurisdiction. See art. V, § 2(a), Fla. Const.

In 2010, the Court adopted a comprehensive set of amendments to Florida Rule of Judicial Administration 2.420 and the Florida Rules of Appellate Procedure to enact "a procedure that ensures the confidentiality of a narrow set of court records," as a "necessary prerequisite to the Court's ongoing effort to provide the public with electronic access to court records." In re Amends. to Fla. Rule of Jud. Admin. 2.420 & Fla. Rules of App. Pro. , 31 So. 3d 756, 757 (Fla. 2010). Among these amendments, we adopted a new subdivision (d) of rule 2.420 and explained that the rule "sets forth the procedure for the clerks of court to designate court records as confidential." Id. at 765. We stated, "Subdivision (d)(1) requires the clerk of court to designate and maintain as confidential information governed by existing subdivisions (c)(1) through (c)(6) and information that is confidential or exempt under a subdivision (d)(1)(B) exemption .... The clerk's responsibility under the new [subdivision (d)(1)] is independent of the responsibility of the filer." Id.

Since subdivision (d)(1) was adopted, however, news media organizations in Florida have reported concerning delays in their access to nonconfidential court records, in part due to the requirement that the clerks of court independently review all new filings for confidential information.¹ This Court has previously expressed its commitment to safeguard the public's right of access to court records. See , e.g. , In re Amends. to Fla. Rule of Jud. Admin. 2.420—Sealing of Court Records & Dockets , 954 So. 2d 16, 17 (Fla. 2007) ("[T]he public's constitutional right of access to court records must remain inviolate, and this Court is fully committed to safeguarding this right."). Accordingly, to address timely access to court records, we now amend subdivision (d)(1) to provide that, in certain civil cases, the clerk of court does not have an independent responsibility to identify and designate information as confidential. Instead, that is the sole responsibility of the filer.

In a limited group of civil cases, the clerk of court will designate information or documents as confidential only when: the filer of the confidential information or document files a Notice of Confidential Information within Court Filing pursuant to Florida Rule of Judicial Administration 2.420(d)(2) ; the filer files a Motion to Determine Confidentiality of Court Records pursuant to Florida Rule of Judicial Administration 2.420(d)(3) ; the filing is deemed confidential by court order; or the case itself is confidential by law. The only civil cases to which this new rule applies are civil case types originating in the circuit, county, or small claims courts (identified by the Court Type Designators CA, CC, and SC in the uniform case numbering system),² except those case types listed as "Viewable on Request (VOR)"³ in the Standards for Access to Electronic Court Records and Access Security Matrix, as adopted by the supreme court in Administrative Order AOSC14-19 or the then-current standards for access.

We note that the amendments adopted in this opinion do not impact the existing procedure requiring the clerk of court to designate and maintain court records as confidential in all non-civil cases, including criminal cases,⁴ guardianship and probate cases, adoption proceedings, or juvenile dependency or juvenile delinquency cases. In non-civil cases, subdivision (d)(1) continues to require "the clerk of court to designate and maintain as confidential information governed by ... subdivisions (c)(1) through (c)(6) and information that is confidential or exempt under a subdivision (d)(1)(B) exemption." In re Amends. to Fla. Rule of Jud. Admin. 2.420 & the Fla. Rules of App. Pro. , 31 So. 3d at 765. We also emphasize that any party, non-party, or attorney who does not comply with the requirements in rule 2.420 may be subject to sanctions under subdivision (i) (Sanctions) of rule 2.420.

Accordingly, the Florida Rules of Judicial Administration are amended as reflected in the appendix to this opinion.⁵ New language is indicated by underscoring; deletions are indicated by struck-through type. To allow an opportunity for public comments, these amendments will not take effect until July 1, 2021, at 12:01 a.m. In particular, we invite comments from the Florida Bar Rules of Judicial Administration Committee and the Florida Court Clerks and Comptrollers. Interested persons shall have seventy-five days from the date of this opinion in which to file comments with the Court.⁶

It is so ordered.

CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, COURIEL, and GROSSHANS, JJ., concur.

APPENDIX

RULE 2.420. PUBLIC ACCESS TO AND PROTECTION OF JUDICIAL BRANCH RECORDS

(a) – (c) [No Change]

(d) Procedures for Determining Confidentiality of Court Records.

(1) Except as provided in subdivision (d)(1)(C), Tt he clerk of the court shall designate and maintain the confidentiality of any information contained within a court record that is described in subdivision (d)(1)(A) or (d)(1)(B) of this rule. The following information shall be maintained as confidential:

(A) The clerk of the court shall maintain as confidential information described by any of subdivisions (c)(1) through (c)(6) of this rule; and

(B) eE xcept as provided by court order , the clerk of the court shall maintain as confidential information subject to subdivision (c)(7) or (c)(8) of this rule that is currently confidential or exempt from section 119.07, Florida Statutes, and article I, section 24(a) of the Florida Constitution as specifically stated in any of the following statutes or as they may be amended or renumbered:

(i) – (xxiii) [No Change]

(C) In civil cases, the clerk of the court shall not be required to designate and maintain information as confidential unless the filer follows the notice procedures set forth in subdivision (d)(2), the filer files a Motion to Determine Confidentiality of Court Records as set forth in subdivision (d)(3), the filing is deemed confidential by court order, or the case itself is confidential by law. "Civil cases" as used in this rule includes only civil case types in the circuit, county, or small claims courts (identified by the Court Type Designator CA, CC, and SC in the uniform case numbering system), except those case types listed as Viewable on Request (VOR)" in the Standards for Access to Electronic Court Records and Access Security Matrix, as adopted by the supreme court in Administrative Order AOSC14-19 or the then-current standards for access.

(2) – (5) [No Change]

(e) – (m) [No Change]

Committee Note

[No Change]

2002 – 2007 Court Commentary

[No Change]

2007 Committee Commentary

[No Change]

APPENDIX TO RULE 2.420

[No Change]

1 In December 2018, Thomas & LoCicero PL, on behalf of a coalition of news media organizations, published a report summarizing a journalist's attempts to gain access to new case filings at various clerks’ offices throughout the state. See Thomas & LoCicero PL, Report: Tour of Florida Courthouses to Access Court Records (Dec. 10, 2018). The report concludes that access to court records, both in person and online, was routinely delayed. The report also suggests the primary reason for the delays is because the clerks of court are responsible for reviewing and redacting every filing prior to allowing access.

2 In 1998, the...