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In re Amendments To Florida Rule of Judicial Administration 2.420

Supreme Court of Florida

June 27, 2019

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

          Original Proceeding - Florida Rules of Judicial Administration

          PER CURIAM.

         In response to recent legislation, the Court, on its own motion, amends Florida Rule of Judicial Administration 2.420(d) (Procedures for Determining Confidentiality of Court Records) to add two new categories of information in court records that the clerk of court must designate and maintain as confidential under rule 2.420(d)(1)(B). See Fla. R. Jud. Admin. 2.140(d). We have jurisdiction. See art. V, § 2(a), Fla. Const.

         The Court amends rule 2.420(d)(1)(B)(viii) to add "all petitions, court orders, and related records under the Baker Act" as a category of court records that the clerk must designate and maintain as confidential under the rule. This amendment is in response to newly enacted section 394.464, Florida Statutes, which makes such Baker Act records confidential. See ch. 2019-51, §§ 1-2, Laws of Fla. (creating § 394.464 (Court records; confidentiality), Fla. Stat., effective July 1, 2019).

         In response to the addition of subsection 3 to section 119.0714(1)(k), Florida Statutes (2018), the Court adds new subdivision (xxiii) to rule 2.420(d)(1)(B). The new subdivision lists "[i]nformation that can be used to identify a petitioner or respondent in a petition for an injunction against domestic violence, repeat violence, dating violence, sexual violence, stalking, or cyberstalking, and any affidavits, notice of hearing, and temporary injunction until the respondent has been personally served with a copy of the petition for injunction, affidavits, notice of hearing, and temporary injunction." See ch. 2019-39, §§ 1, 3, Laws of Fla. (amending § 119.0714(1)(k), Fla. Stat., effective July 1, 2019).

         Accordingly, the Florida Rules of Judicial Administration are amended, as reflected in the appendix to this opinion. New language is indicated by underscoring, and deleted language is indicated by struck-through type. The amendments shall become effective July 1, 2019, at 12:01 a.m. Because the amendments were not published for comment prior to their adoption, interested persons shall have seventy-five days from the date of this opinion in which to file comments with the Court.[1]

          It is so ordered.

          CANADY, CJ, and POLSTON, LABARGA, LAWSON, LAGOA, LUCK, and MUÑIZ, JJ, concur

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

         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) 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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