IN RE: AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.420.
Original Proceeding - Florida Rules of Judicial
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.
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).
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).
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
CANADY, CJ, and POLSTON, LABARGA, LAWSON, LAGOA, LUCK, and
MUÑIZ, JJ, concur
FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE
EFFECTIVE DATE OF THESE AMENDMENTS.
2.420. PUBLIC ACCESS TO AND PROTECTION OF JUDICIAL BRANCH
- (c) [No Change]
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. ...