IN RE: AMENDMENTS TO THE FLORIDA RULES OF JUDICIAL ADMINISTRATION 2.420-2019 FAST-TRACK REPORT.
Original Proceeding - Florida Rules of Judicial
Honorable Josephine Gagliardi, Chair, Rules of Judicial
Administration Committee, Fort Myers, Florida; and Joshua E.
Doyle, Executive Director, and Krys Godwin, Staff Liaison,
The Florida Bar, Tallahassee, Florida, for Petitioner
Court has for consideration an amendment to Florida Rule of
Judicial Administration 2.420(d) (Procedures for Determining
Confidentiality of Court Records) proposed by The Florida
Bar's Rules of Judicial Administration Committee (RJA
Committee) in response to recent statutory amendments.
See Fla. R. Jud. Admin. 2.140(e)(1). The Court has
jurisdiction and amends the rule as proposed by the RJA
Committee and approved by the Executive Committee of the
Board of Governors of The Florida Bar.
(d)(1)(B)(i) of rule 2.420 currently lists "[c]hapter 39
records relating to dependency matters, termination of
parental rights, guardians ad litem, child abuse, neglect,
and abandonment" as information the clerk must designate
and maintain as confidential and cites to sections 39.0132(3)
and 39.0132(4)(a), Florida Statutes. The amendment to
subdivision (d)(1)(B)(i) adds a reference to section 39.202,
Florida Statutes, which prohibits the release of "the
name of, or identifying information with respect to,
any person reporting child abuse, abandonment, or
neglect" to anyone not listed in the statute, without
the written consent of the reporting person. See ch.
2019-49, §§ 1, 3, Laws of Fla. (amending §
39.202(2), (5), Fla. Stat., effective July 1, 2019, to add
the Court amends the Florida Rules of Judicial Administration
as reflected in the appendix to this opinion. New language is
indicated by underscoring. The amendment 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 seventy-five
days from the date of this opinion in which to file comments
with the Court.
CANADY, C.J., 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. ...