IN RE: AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.420 - 2017 FAST-TRACK REPORT.
Proceeding - Florida Rules of Judicial Administration
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
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 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.
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),  at the end of that subdivision. We also
adopt all of the purely technical proposed amendments to rule
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
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.
2.420. PUBLIC ACCESS TO AND PROTECTION
- (b) [No Change]
Confidential and Exempt Records. The following
records of the judicial branch shall be confidential:
(8) [No Change]
court record determined to be confidential in case decision
or court rule on the grounds that:
confidentiality is required to: (i) - (vii) [No
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
less restrictive measures are available to protect the
interests set forth in subdivision (c)(9)(A).
Procedures for Determining Confidentiality of Court
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. ...