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In re Amendments to Florida Rule of Judicial Administration 2.420 - 2017 Fast-Track Report

Supreme Court of Florida

January 18, 2018

IN RE: AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.420 - 2017 FAST-TRACK REPORT.

         Original Proceeding - Florida Rules of Judicial Administration

          Judson Lee Cohen, Chair, Rules of Judicial Administration Committee, Miami Lakes, Florida; and Joshua E. Doyle, Executive Director, and Krys Godwin, Staff Liaison, The Florida Bar, Tallahassee, Florida, for Petitioner

          PER CURIAM.

         We have for consideration amendments to Florida Rule of Judicial Administration 2.420 (Public Access to and Protection of Judicial Branch Records) proposed by The Florida Bar's Rules of Judicial Administration Committee (RJA Committee) in response to new legislation. See Fla. R. Jud. Admin. 2.140(e). We have jurisdiction[1] and amend the rule as proposed by the RJA Committee and approved by the Executive Committee of the Board of Governors of The Florida Bar.

         Rule 2.420(d)(1)(B) (Procedures for Determining Confidentiality of Court Records) lists the information in court records that the clerk of court must designate and maintain as confidential. Subdivision (d)(1)(B)(ix) currently lists records of substance abuse service providers that are confidential under section 397.501(7), Florida Statutes (2017), as one of the categories of court records the clerk of court must keep confidential. We amend subdivision (d)(1)(B)(ix), as proposed, to add "all petitions, court orders, and related records for involuntary assessment and stabilization of an individual, " which are confidential under newly enacted section 397.6760, Florida Statutes (2017), [2] at the end of that subdivision. We also adopt all of the purely technical proposed amendments to rule 2.420.

         Accordingly, the Florida Rules of Judicial Administration are amended as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The amendments shall become effective immediately upon the release of this opinion. Because the amendments were not published for comment prior to their adoption, interested persons shall have sixty days from the date of this opinion in which to file comments with the Court.[3]

         It is so ordered.

         THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS.

          LABARGA, CJ, and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and LAWSON, JJ, concur.

         APPENDIX

         RULE 2.420. PUBLIC ACCESS TO AND PROTECTION OF

         JUDICIAL BRANCH RECORDS

         (a) - (b) [No Change]

         (c) Confidential and Exempt Records. The following records of the judicial branch shall be confidential:

         (1) - (8) [No Change]

         (9) Any court record determined to be confidential in case decision or court rule on the grounds that:

         (A) confidentiality is required to: (i) - (vii) [No Change]

         (B) the degree, duration, and manner of confidentiality ordered by the court shall be no broader than necessary to protect the interests set forth in subdivision (c)(9)(A); and

         (C) no less restrictive measures are available to protect the interests set forth in subdivision (c)(9)(A).

         (10) [No Change]

         (d) Procedures for Determining Confidentiality of Court Records.

         (1) The 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. ...


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