In Re: Amendments to Florida Rule of Judicial Administration 2.420 ( 2019 )


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  •           Supreme Court of Florida
    ____________
    No. SC19-1049
    ____________
    IN RE: AMENDMENTS TO FLORIDA RULE OF JUDICIAL
    ADMINISTRATION 2.420.
    June 27, 2019
    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
    1. All comments must be filed with the Court on or before September 10,
    2019, with a separate request for oral argument if the person filing the comment
    wishes to participate in oral argument, which may be scheduled in this case. If
    -2-
    It is so ordered.
    CANADY, C.J., 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.
    Original Proceeding – Florida Rules of Judicial Administration
    filed by an attorney in good standing with The Florida Bar, the comment must be
    electronically filed via the Florida Courts E-Filing Portal (Portal) in accordance
    with In re Electronic Filing in the Supreme Court of Florida via the Florida
    Courts E-Filing Portal, Fla. Admin. Order No. AOSC13-7 (Feb. 18, 2013). If
    filed by a nonlawyer or a lawyer not licensed to practice in Florida, the comment
    may be, but is not required to be, filed via the Portal. Comments filed via the
    Portal must be submitted in Microsoft Word 97 or higher. See In re Electronic
    Filing in the Florida Supreme Court, Fla. Admin. Order No. AOSC17-27 (May 9,
    2017). Any person unable to submit a comment electronically must mail or hand-
    deliver the originally signed comment to the Florida Supreme Court, Office of the
    Clerk, 500 South Duval Street, Tallahassee, Florida 32399-1927; no additional
    copies are required or will be accepted.
    -3-
    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. The following information shall
    be maintained as confidential:
    (A)   [No Change]
    (B) except as provided by court order, information subject to
    subdivision (c)(7) or (c)(8) of this rule that is currently confidential or exempt from
    section 119.07, Florida Statutes, and article I, section 24(a) of the Florida
    Constitution as specifically stated in any of the following statutes or as they may
    be amended or renumbered:
    (i) – (vii)     [No Change]
    (viii) Clinical records under the Baker Act., §
    394.4615(7), Fla. Stat., and all petitions, court orders, and related records under the
    Baker Act, § 394.464, Fla. Stat.
    (ix) – (xxii) [No Change]
    (xxiii) Information 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. § 119.0714(1)(k)3., Fla. Stat.
    (2) – (5)   [No Change]
    (e) – (m)    [No Change]
    -4-
    Committee Note
    [No Change]
    2002 – 2007 Court Commentary
    [No Change]
    APPENDIX TO RULE 2.420
    [No Change]
    -5-
    

Document Info

Docket Number: SC19-1049

Filed Date: 6/27/2019

Precedential Status: Precedential

Modified Date: 6/27/2019