RULE 2.420. PUBLIC ACCESS TO JUDICIAL BRANCH RECORDS

(a) Scope and Purpose. Subject to the rulemaking power of the Florida Supreme Court

provided by article V, section 2, Florida Constitution, the following rule shall govern public

access to the records of the judicial branch of government. The public shall have access to all

records of the judicial branch of government, except as provided below.

(b) Definitions.

(1) “Records of the judicial branch” are all records, regardless of physical form,

characteristics, or means of transmission, made or received in connection with the transaction of

official business by any judicial branch entity and consist of:

(A) “court records,” which are the contents of the court file, including

the progress docket and other similar records generated to document activity in a case, transcripts

filed with the clerk, documentary exhibits in the custody of the clerk, and electronic records,

videotapes, or stenographic tapes of depositions or other proceedings filed with the clerk, and

electronic records, videotapes, or stenographic tapes of court proceedings; and

(B) “administrative records,” which are all other records made or

received pursuant to court rule, law, or ordinance, or in connection with the transaction of

official business by any judicial branch entity.

(2) “Judicial branch” means the judicial branch of government, which includes the

state courts system, the clerk of court when acting as an arm of the court, The Florida Bar, the

Florida Board of Bar Examiners, the Judicial Qualifications Commission, and all other entities

established by or operating under the authority of the supreme court or the chief justice.

(3) “Custodian.” The custodian of all administrative records of any court is the chief

justice or chief judge of that court, except that each judge is the custodian of all records that are

solely within the possession and control of that judge. As to all other records, the custodian is the

official charged with the responsibility of maintaining the office having the care, keeping, and

supervision of such records. All references to “custodian” mean the custodian or the custodian’s

designee.

(4) “Confidential,” as applied to information contained within a record of the judicial

branch, means that such information is exempt from the public right of access under article I,

section 24(a) of the Florida Constitution and may be released only to the persons or

organizations designated by law, statute, or court order. As applied to information contained

within a court record, the term “exempt” means that such information is confidential.

Confidential information includes information that is confidential under this rule or under a court

order entered pursuant to this rule. To the extent reasonably practicable, restriction of access to

confidential information shall be implemented in a manner that does not restrict access to any

portion of the record that is not confidential.

(5) “Affected non-party” means any non-party identified by name in a court record

that contains confidential information pertaining to that non-party.

(6) “Filer” means any person who files a document in court records, except “filer”

does not include the clerk of court or designee of the clerk, a judge, magistrate, hearing officer,

or designee of a judge, magistrate or hearing officer.

be confidential:

(1) Trial and appellate court memoranda, drafts of opinions and orders, court

conference records, notes, and other written materials of a similar nature prepared by judges or

court staff acting on behalf of or at the direction of the court as part of the court’s judicial

decision-making process utilized in disposing of cases and controversies before Florida courts

unless filed as a part of the court record;

(2) Memoranda or advisory opinions that relate to the administration of the court and

that require confidentiality to protect a compelling governmental interest, including, but not

limited to, maintaining court security, facilitating a criminal investigation, or protecting public

safety, which cannot be adequately protected by less restrictive measures. The degree, duration,

and manner of confidentiality imposed shall be no broader than necessary to protect the

compelling governmental interest involved, and a finding shall be made that no less restrictive

measures are available to protect this interest. The decision that confidentiality is required with

respect to such administrative memorandum or written advisory opinion shall be made by the

chief judge;

(3) (A) Complaints alleging misconduct against judges until probable cause is

established;

(B) Complaints alleging misconduct against other entities or individuals licensed

or regulated by the courts, until a finding of probable cause or no probable cause is established,

unless otherwise provided. Such finding should be made within the time limit set by law or rule.

If no time limit is set, the finding should be made within a reasonable period of time;

(4) Periodic evaluations implemented solely to assist judges in improving their

performance, all information gathered to form the bases for the evaluations, and the results

generated therefrom;

(5) Only the names and qualifications of persons applying to serve or serving as

unpaid volunteers to assist the court, at the court’s request and direction, shall be accessible to

the public. All other information contained in the applications by and evaluations of persons

applying to serve or serving as unpaid volunteers shall be confidential unless made public by

court order based upon a showing of materiality in a pending court proceeding or upon a

showing of good cause;

(6) Copies of arrest and search warrants and supporting affidavits retained by judges,

clerks, or other court personnel until execution of said warrants or until a determination is made

by law enforcement authorities that execution cannot be made;

(7) All records made confidential under the Florida and United States Constitutions

and Florida and federal law;

(8) All records presently deemed to be confidential by court rule, including the Rules

for Admission to the Bar, by Florida Statutes, by prior case law of the State of Florida, and by

the rules of the Judicial Qualifications Commission;

(9) Any court record determined to be confidential in case decision or court rule on

the grounds that

(A) confidentiality is required to

(i) prevent a serious and imminent threat to the fair, impartial, and

orderly administration of justice;

(ii) protect trade secrets;

(iii) protect a compelling governmental interest;

(iv) obtain evidence to determine legal issues in a case;

(v) avoid substantial injury to innocent third parties;

(vi) avoid substantial injury to a party by disclosure of matters

protected by a common law or privacy right not generally inherent in the specific type of

proceeding sought to be closed;

(vii) comply with established public policy set forth in the Florida or

United States Constitution or statutes or Florida rules or case law;

(B) the degree, duration, and manner of confidentiality ordered by the

court shall be no broader than necessary to protect the interests set forth in subdivision (A); and

set forth in subdivision (A).

(10) The names and any identifying information of judges mentioned in an advisory

opinion of the Judicial Ethics Advisory Committee.

(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)information described by any of subdivisions (c)(1) through (c)(6)

of this rule; and

(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) Chapter 39 records relating to dependency matters, termination of

parental rights, guardians ad litem, child abuse, neglect, and abandonment. §§ 39.0132(3),

39.0132(4)(a), Fla. Stat.

(ii) Adoption records. § 63.162, Fla. Stat.

(iii) Social Security, bank account, charge, debit, and credit card

numbers. § 119.0714(1)(i)–(j), (2)(a)-(e), Fla. Stat. (Unless redaction is requested pursuant to §

119.0714(2), Fla. Stat., this information is exempt only as of January 1, 2012.)

(iv) HIV test results and the identity of any person upon whom an HIV

test has been performed. § 381.004(3)(e), Fla. Stat.

(v) Records, including test results, held by the Department of Health

or its authorized representatives relating to sexually transmissible diseases. § 384.29, Fla. Stat.

(vi) Birth records and portions of death and fetal death records. §§

382.008(6), 382.025(1), Fla. Stat.

(vii) Information that can be used to identify a minor petitioning for a

waiver of parental notice when seeking to terminate pregnancy. § 390.01116, Fla. Stat.

(viii) Clinical records under the Baker Act. § 394.4615(7), Fla. Stat.

(ix) Records of substance abuse service providers which pertain to the

identity, diagnosis, and prognosis of and service provision to individuals. § 397.501(7), Fla. Stat.

(x) Clinical records of criminal defendants found incompetent to

proceed or acquitted by reason of insanity. § 916.107(8), Fla. Stat.

(xi) Estate inventories and accountings. § 733.604(1), Fla. Stat.

(xii) The victim’s address in a domestic violence action on petitioner’s

request. § 741.30(3)(b), Fla. Stat.

(xiii) Protected information regarding victims of child abuse or sexual

offenses. §§ 119.071(2)(h), 119.0714(1)(h), Fla. Stat.

(xiv) Gestational surrogacy records. § 742.16(9), Fla. Stat.

(xv) Guardianship reports, orders appointing court monitors, and

orders relating to findings of no probable cause in guardianship cases. §§ 744.1076, 744.3701,

Fla. Stat.

(xvi) Grand jury records. §§ 905.17, 905.28(1), Fla. Stat.

(xvii) Records acquired by courts and law enforcement regarding

family services for children. § 984.06(3)-(4), Fla. Stat.

(xviii) Juvenile delinquency records. §§ 985.04(1), 985.045(2), Fla.

Stat.

(xix) Records disclosing the identity of persons subject to

tuberculosis proceedings and records held by the Department of Health or its authorized

representatives relating to known or suspected cases of tuberculosis or exposure to tuberculosis.

§§ 392.545, 392.65, Fla. Stat.

(xx) Complete presentence investigation reports. Fla. R. Crim. P.

3.712.

(2) The filer of any document containing confidential information described in subdivision

(d)(1)(B) shall, at the time of filing, file with the clerk a “Notice of Confidential Information

within Court Filing” in order to indicate that confidential information described in subdivision

(d)(1)(B) of this rule is included within the document being filed and also indicate that either the

entire document is confidential or identify the precise location of the confidential information

within the document being filed. If an entire court file is maintained as confidential, the filer of a

document in such a file is not required to file the notice form. A form Notice of Confidential

Information within Court Filing accompanies this rule.

(1) If any document in a court file contains confidential information as described in

subdivision (d)(1)(B), the filer, a party, or any affected non-party may file the Notice of

Confidential Information within Court Filing if the document was not initially filed with a Notice

of Confidential Information within Court Filing and the confidential information is not

maintained as confidential by the clerk. The Notice of Confidential Information within Court

Filing filed pursuant to this subdivision must also state the title and type of document, date of

filing (if known), date of document, docket entry number, indicate that either the entire

document is confidential or identify the precise location of the confidential information within

the document, and provide any other information the clerk may require to locate the confidential

information.

(2) The clerk of court shall review filings identified as containing confidential

information to determine whether the purported confidential information is facially subject to

confidentiality under subdivision (d)(1)(B). If the clerk determines that filed information is not

subject to confidentiality under subdivision (d)(1)(B), the clerk shall notify the filer of the Notice

of Confidential Information within Court Filing in writing within 5 days of filing the notice and

thereafter shall maintain the information as confidential for 10 days from the date such

notification by the clerk is served. The information shall not be held as confidential for more

than that 10 day period, unless a motion has been filed pursuant to subdivision (d)(3).

(3) The filer of a document with the court shall ascertain whether any information

contained within the document may be confidential under subdivision (c) of this rule

notwithstanding that such information is not itemized at subdivision (d)(1) of this rule. If the filer

believes in good faith that information is confidential but is not described in subdivision (d)(1) of

this rule, the filer shall request that the information be maintained as confidential by filing a

“Motion to Determine Confidentiality of Court Records” under the procedures set forth in

subdivision (e), (f), or (g), unless

(A) the filer is the only individual whose confidential information is included in the

document to be filed or is the attorney representing all such individuals; and

(B) a knowing waiver of the confidential status of that information is intended by the

filer. Any interested person may request that information within a court file be maintained as

confidential by filing a motion as provided in subdivision (e), (f), or (g).

(4) If a notice of confidential information is filed pursuant to subdivision (d)(2), or a

motion is filed pursuant to subdivision (e)(1) or (g)(1) seeking to determine that information

contained in court records is confidential, or pursuant to subdivision (e)(5) or (g)(5) seeking to

vacate an order that has determined that information in a court record is confidential or seeking

to unseal information designated as confidential by the clerk of court, then the person filing the

notice or motion shall give notice of such filing to any affected non-party. Notice pursuant to this

provision must:

(A)be filed with the court;

(B) identify the case by docket number;

revealing the confidential information, including specifying the precise location of the

information within the court record; and

(D) include:

(i) in the case of a motion to determine confidentiality of court records, a

statement that if the motion is denied then the subject material will not be treated as confidential

by the clerk; and

(ii) in the case of a motion to unseal confidential records or a motion to

vacate an order deeming records confidential, a statement that if the motion is granted, the

subject material will no longer be treated as confidential by the clerk.

Any notice described herein must be served pursuant to subdivision (k), if applicable, together

with the motion that gave rise to the notice in accordance with subdivision (e)(5) or (g)(5).

(5) Except when the entire court file is maintained as confidential, if a judge,

magistrate, or hearing officer files any document containing confidential information, the

confidential information within the document must be identified as “confidential” and the title of

the document must include the word “confidential.” The clerk must maintain the confidentiality

of the indentified confidential information. A copy of the document edited to omit the

confidential information shall be provided to the clerk for filing and recording purposes.

(e) Request to Determine Confidentiality of Trial Court Records in Noncriminal Cases.

(1) A request to determine the confidentiality of trial court records in noncriminal

cases under subdivision (c) must be made in the form of a written motion captioned “Motion to

Determine Confidentiality of Court Records.” A motion made under this subdivision must:

(A) identify the particular court records or a portion of a record that the movant seeks

to have determined as confidential with as much specificity as possible without revealing the

information subject to the confidentiality determination;

(B) specify the bases for determining that such court records are confidential without

revealing confidential information; and

determining such court records to be confidential without revealing confidential information.

Any written motion made under this subdivision must include a signed certification by the party

or the attorney for the party making the request that the motion is made in good faith and is

supported by a sound factual and legal basis. Information that is subject to such a motion must be

treated as confidential by the clerk pending the court’s ruling on the motion. A response to a

written motion filed under this subdivision may be served within 10 days of service of the

motion. Notwithstanding any of the foregoing, the court may not determine that the case number,

docket number, or other number used by the clerk’s office to identify the case file is confidential.

(2) Except when a motion filed under subdivision (e)(1) represents that all parties

agree to all of the relief requested, the court must, as soon as practicable but no later than 30 days

after the filing of a motion under this subdivision, hold a hearing before ruling on the motion.

Whether or not any motion filed under subdivision (e)(1) is agreed to by the parties, the court

may in its discretion hold a hearing on such motion. Any hearing held under this subdivision

must be an open proceeding, except that any person may request that the court conduct all or part

of the hearing in camera to protect the interests set forth in subdivision (c). Any person may

request expedited consideration of and ruling on the motion. The movant shall be responsible for

ensuring that a complete record of any hearing held pursuant to this subdivision is created, either

by use of a court reporter or by any recording device that is provided as a matter of right by the

court. The court may in its discretion require prior public notice of the hearing on such a motion

in accordance with the procedure for providing public notice of court orders set forth in

subdivision (e)(4) or by providing such other public notice as the court deems appropriate. The

court must issue a ruling on the motion within 30 days of the hearing.

(3) Any order granting in whole or in part a motion filed under subdivision (e) must

state the following with as much specificity as possible without revealing the confidential

information:

(A) The type of case in which the order is being entered;

(B) The particular grounds under subdivision (c) for determining the information is

confidential;

pseudonym or other term to be substituted for the party’s name;

(D) Whether the progress docket or similar records generated to document activity in

the case are determined to be confidential;

(E) The particular information that is determined to be confidential;

(F) Identification of persons who are permitted to view the confidential information;

(G) That the court finds that: (i) the degree, duration, and manner of confidentiality

ordered by the court are no broader than necessary to protect the interests set forth in subdivision

(c); and (ii) no less restrictive measures are available to protect the interests set forth in

subdivision (c); and

(H) That the clerk of the court is directed to publish the order in accordance with

subdivision (e)(4).

(4) Except as provided by law or court rule, notice must be given of any written

order granting in whole or in part a motion made under subdivision (e)(1) as follows:

(A) within 10 days following the entry of the order, the clerk of court must post a

copy of the order on the clerk’s website and in a prominent public location in the courthouse; and

(B) the order must remain posted in both locations for no less than 30 days. This

subdivision shall not apply to orders determining that court records are confidential under

subdivision (c)(7) or (c)(8).

(5) If a nonparty requests that the court vacate all or part of an order issued under

subdivision (e) or requests that the court order the unsealing of records designated as confidential

under subdivision (d), the request must be made by a written motion, filed in that court, that

states with as much specificity as possible the bases for the motion. The motion must set forth

the specific legal authority and any applicable legal standards supporting the motion. The movant

must serve all parties and all affected non-parties with a copy of the motion. Except when a

motion filed under this subdivision represents that all parties and affected non-parties agree to all

of the relief requested, the court must, as soon as practicable but no later than 30 days after the

filing of a motion under this subdivision, hold a hearing on the motion. Regardless of whether

any motion filed under this subdivision is agreed to by the parties and affected non-parties, the

court may in its discretion hold a hearing on such motion. Any person may request expedited

consideration of and ruling on the motion. Any hearing held under this subdivision must be an

open proceeding, except that any person may request that the court conduct all or part of the

hearing in camera to protect the interests set forth in subdivision (c). The court must issue a

ruling on the motion within 30 days of the hearing. The movant shall be responsible for ensuring

that a complete record of any hearing held under this subdivision be created, either by use of a

court reporter or by any recording device that is provided as a matter of right by the court. This

subdivision shall not apply to orders determining that court records are confidential under

subdivision (c)(7) or (c)(8).

(f) Request to Determine Confidentiality of Court Records in Criminal Cases.

(1) Subdivisions (e) and (h) shall apply to any motion by the state, a defendant, or an

affected non-party to determine the confidentiality of trial court records in criminal cases under

subdivision (c), except as provided in subdivision (f)(3). As to any motion filed in the trial court

under subdivision (f)(3), the following procedure shall apply:

(A) Unless the motion represents that the State, defendant(s), and all affected non-

parties subject to the motion agree to all of the relief requested, the court must hold a hearing on

the motion filed under this subdivision within 15 days of the filing of the motion. Any hearing

held under this subdivision must be an open proceeding, except that any person may request that

the court conduct all or part of the hearing in camera to protect the interests set forth in

subdivision (c)(9)(A).

(B) The court shall issue a written ruling on a motion filed under this subdivision

within 10 days of the hearing on a contested motion or within 10 days of the filing of an agreed

motion.

(2) Subdivision (g) shall apply to any motion to determine the confidentiality of

appellate court records under subdivision (c), except as provided in subdivision (f)(3). As to any

motion filed in the appellate court under subdivision (f)(3), the following procedure shall apply:

(A) The motion may be made with respect to a record that was presented or

presentable to a lower tribunal, but no determination concerning confidentiality was made by the

lower tribunal, or a record presented to an appellate court in an original proceeding.

(B) A response to a motion filed under this subdivision may be served within 10 days

of service of the motion.

within 10 days of the filing of a response on a contested motion or within 10 days of the filing of

an uncontested motion.

(3) Any motion to determine whether a court record that pertains to a plea agreement,

substantial assistance agreement, or other court record that reveals the identity of a confidential

informant or active criminal investigative information is confidential under subdivision

(c)(9)(A)(i), (c)(9)(A)(iii), (c)(9)(A)(v), or (c)(9)(A)(vii) of this rule may be made in the form of

a written motion captioned “Motion to Determine Confidentiality of Court Records.” Any

motion made pursuant to this subdivision must be treated as confidential and indicated on the

docket by generic title only, pending a ruling on the motion or further order of the court. As to

any motion made under this subdivision, the following procedure shall apply:

(A) Information that is the subject of such motion must be treated as confidential by

the clerk pending the court’s ruling on the motion. Filings containing the information must be

indicated on the docket in a manner that does not reveal the confidential nature of the

information.

(B) The provisions of subdivisions (e)(3)(A)–(G), (g)(7), (h), and (j), shall apply to

motions made under this subdivision. The provisions of subdivisions (e)(1), (e)(2), (e)(3)(H),

(e)(4), and (e)(5) shall not apply to motions made under this subdivision.

court records for any period longer than is necessary to achieve the objective of the motion, and

in no event longer than 120 days. Extensions of an order issued hereunder may be granted for 60-

day periods, but each such extension may be ordered only upon the filing of another motion in

accordance with the procedures set forth under this subdivision. In the event of an appeal or

review of a matter in which an order is entered under this subdivision, the lower tribunal shall

retain jurisdiction to consider motions to extend orders issued hereunder during the course of the

appeal or review proceeding.

(D) The clerk of the court shall not publish any order of the court issued hereunder in

accordance with subdivision (e)(4) or (g)(4) unless directed by the court. The docket shall

indicate only the entry of the order.

(4) This subdivision does not authorize the falsification of court records or progress

dockets.

(g) Request to Determine Confidentiality of Appellate Court Records in Noncriminal

Cases.

(1) Subdivision (e)(1) shall apply to any motion filed in the appellate court to

determine the confidentiality of appellate court records in noncriminal cases under subdivision

(c). Such a motion may be made with respect to a record that was presented or presentable to a

lower tribunal, but no determination concerning confidentiality was made by the lower tribunal,

or a record presented to an appellate court in an original proceeding.

(2) A response to a motion filed under subdivision (g)(1) may be served within 10

days of service of the motion. The court shall issue a written ruling on a written motion filed

under this subdivision within 30 days of the filing of a response on a contested motion or within

30 days of the filing of an uncontested written motion.

(3) Any order granting in whole or in part a motion filed under subdivision (g)(1)

must be in compliance with the guidelines set forth in subdivisions (e)(3)(A)-(H). Any order

requiring the sealing of an appellate court record operates to also make those same records

confidential in the lower tribunal during the pendency of the appellate proceeding.

(4) Except as provided by law, within 10 days following the entry of an order

granting a motion under subdivision (g)(1), the clerk of the appellate court must post a copy of

the order on the clerk’s website and must provide a copy of the order to the clerk of the lower

tribunal, with directions that the clerk of the lower tribunal shall seal the records identified in the

order. The order must remain posted by the clerk of the appellate court for no less than 30 days.

(5) If a nonparty requests that the court vacate all or part of an order issued under

subdivision (g)(3), or requests that the court order the unsealing of records designated as

confidential under subdivision (d), the request must be made by a written motion, filed in that

court, that states with as much specificity as possible the bases for the request. The motion must

set forth the specific legal authority and any applicable legal standards supporting the motion.

The movant must serve all parties and all affected non-parties with a copy of the motion. A

response to a motion may be served within 10 days of service of the motion.

(6) The party seeking to have an appellate record sealed under this subdivision has

the responsibility to ensure that the clerk of the lower tribunal is alerted to the issuance of the

order sealing the records and to ensure that the clerk takes appropriate steps to seal the records in

the lower tribunal.

(7) Upon conclusion of the appellate proceeding, the lower tribunal may, upon

appropriate motion showing changed circumstances, revisit the appellate court’s order directing

that the records be sealed.

(8) Records of a lower tribunal determined to be confidential by that tribunal must be

treated as confidential during any review proceedings. In any case where information has been

determined to be confidential under this rule, the clerk of the lower tribunal shall so indicate in

the index transmitted to the appellate court. If the information was determined to be confidential

in an order, the clerk’s index must identify such order by date or docket number. This

subdivision does not preclude review by an appellate court, under Florida Rule of Appellate

Procedure 9.100(d), or affect the standard of review by an appellate court, of an order by a lower

tribunal determining that a court record is confidential.

(h) Oral Motions to Determine Confidentiality of Trial Court Records.

(1) Notwithstanding the written notice requirements of subdivision (d)(2) and written

motion requirements of subdivisions (d)(3), (e)(1), and (f), the movant may make an oral motion

to determine the confidentiality of trial court records under subdivision (c), provided:

(A)except for oral motions under subdivision (f)(3), the oral motion otherwise

complies with subdivision (e)(1);

(B) all parties and affected non-parties are present or properly noticed or the movant

otherwise demonstrates reasonable efforts made to obtain the attendance or any absent party or

affected non-party;

the written notice requirements as set forth in subdivision (d)(2) or the written motion

requirement as set forth in subdivision (d)(3), (e)(1), or (f), as applicable;

(D)the oral motion is reduced to written form in compliance with subdivision (d),

(e)(1), or (f), as applicable, and is filed within 5 days following the date of making the oral

motion;

(E) except for oral motions under subdivisions (f)(3), the provisions of subdivision

(e)(2) shall apply to the oral motion, procedure and hearing;

(F) the provisions of subdivision (f)(1)(A) and (B) and (f)(3) shall apply to any oral

motion under subdivision (f)(3); and

(G) oral motions are not applicable to subdivision (f)(2) or (g) or extensions of orders

under subdivision (f)(3)(C).

(2) The court may deny any oral motion made pursuant to subdivision (h)(1) if the

court finds that that movant had the ability to timely comply with the written notice requirements

in subdivision (d) or the written motion requirements of (d)(3), (e)(1), or (f), as applicable, or the

movant failed to provide adequate notice to the parties and affected non-parties of the

confidentiality issues to be presented to the court.

(3) Until the court renders a decision regarding the confidentiality issues raised in

any oral motion, all references to purported confidential information as set forth in the oral

motion shall occur in a manner that does not allow public access to such information.

(4) If the court grants in whole or in part any oral motion to determine confidentiality,

the court shall issue a written order that does not reveal the confidential information and

complies with the applicable subdivision of this rule as follows:

(A)For any oral motion under subdivision (e) or (f)(1), except subdivisions (f)(1)(A)

and (B), the written order must be issued within 30 days of the hearing and must comply with

subdivision (e)(3).

(B) For any oral motion under subdivision (f)(3), the written order must be issued

within 10 days of the hearing on a contested motion or filing of an agreed motion and must

comply with subdivision (f)(3).

(i) Sanctions. After notice and an opportunity to respond, and upon determining that a

motion, filing, or other activity described below was not made in good faith and was not

supported by a sound legal or factual basis, the court may impose sanctions against any party or

non-party and/or their attorney, if that party or non-party and/or their attorney, in violation of the

applicable provisions of this rule:

(1) seeks confidential status for non-confidential information by filing a notice under

subdivision (d)(2);

(2) seeks confidential status for non-confidential information by making any oral or

written motion under subdivision (d)(3), (e), (f), (g), or (h);

(3) seeks access to confidential information under subdivision (j) or otherwise;

(4) fails to file a Notice of Confidential Information within Court Filing in

compliance with subdivision (d)(2);

(5) makes public or attempts to make public by motion or otherwise information that

should be maintained as confidential under subdivision (c), (d), (e), (f), (g) or (h); or

(6) otherwise makes or attempts to make confidential information part of a non-

confidential court record.

Nothing in this subdivision is intended to limit the authority of a court to enforce any court order

entered pursuant to this rule.

(j) Procedure for Obtaining Access to Confidential Court Records.

(1) The clerk of the court must allow access to confidential court records to persons

authorized by law, or any person authorized by court order.

(2) A court order allowing access to confidential court records may be obtained by

filing a written motion which must:

(A)identify the particular court record(s) or a portion of the court record(s) to which

the movant seeks to obtain access with as much specificity as possible without revealing the

confidential information;

(B) specify the bases for obtaining access to such court records;

and

(D) contain a certification that the motion is made in good faith and is supported by a

sound factual and legal basis.

(3) The movant must serve a copy of the written motion to obtain access to

confidential court records on all parties and reasonably ascertainable affected non-parties and the

court must hold a hearing on the written motion within a reasonable period of time.

(4) Any order granting access to confidential court records must:

(A)describe the confidential information with as much specificity as possible without

revealing the confidential information, including specifying the precise location of the

information within the court records;

(B) identify the persons who are permitted to view the confidential information in the

court records;

records; and

(D) state the time limits imposed on such access, if any, and any other applicable

terms or limitations to such access.

(5) The filer of confidential court records, that filer’s attorney of record, or that filer’s

agent as authorized by that filer in writing may obtain access to such confidential records

pursuant to this subdivision.

(6) Unless otherwise provided, an order granting access to confidential court records

under this subdivision shall not alter the confidential status of the record.

(k) Procedure for Service on Victims and Affected Non-parties and When Addresses

Are Confidential.

(1) In criminal cases, when the defendant is required to serve any notice or motion

described in this rule on an alleged victim of a crime, service shall be on the state attorney, who

shall send or forward the notice or motion to the alleged victim.

(2) Except as set forth in subdivision (k)(1), when serving any notice or motion

described in this rule on any affected non-party whose name or address is not confidential, the

filer or movant shall use reasonable efforts to locate the affected non-party and may serve such

affected non-party by any method set forth in Florida Rule of Judicial Administration 2.516.

(3) Except as set forth in subdivision (k)(1), when serving any notice or motion

described in this rule and the name or address of any party or affected non-party is confidential,

the filer or movant must state prominently in the caption of the notice or motion “Confidential

Party or Confidential Affected Non-Party — Court Service Requested.” When a notice or motion

so designated is filed, the court shall be responsible for providing a copy of the notice or motion

to the party or affected non-party, by any method permitted in Florida Rule of Judicial

Administration 2.516, in such a way as to not reveal the confidential information

(l) Denial of Access Request for Administrative Records. Expedited review of denials of

access to administrative records of the judicial branch shall be provided through an action for

mandamus or other appropriate relief, in the following manner:

(1) When a judge who has denied a request for access to records is the custodian, the

action shall be filed in the court having appellate jurisdiction to review the decisions of the judge

denying access. Upon order issued by the appellate court, the judge denying access to records

shall file a sealed copy of the requested records with the appellate court.

(2) All other actions under this rule shall be filed in the circuit court of the circuit in

which such denial of access occurs.

(m)Procedure for Public Access to Judicial Branch Records. Requests and responses to

requests for access to records under this rule shall be made in a reasonable manner.

(1) Requests for access to judicial branch records shall be in writing and shall be

directed to the custodian. The request shall provide sufficient specificity to enable the custodian

to identify the requested records. The reason for the request is not required to be disclosed.

(2) The custodian shall be solely responsible for providing access to the records of

the custodian’s entity. The custodian shall determine whether the requested record is subject to

this rule and, if so, whether the record or portions of the record are exempt from disclosure. The

custodian shall determine the form in which the record is provided. If the request is denied, the

custodian shall state in writing the basis for the denial.

(3) Fees for copies of records in all entities in the judicial branch of government,

except for copies of court records, shall be the same as those provided in section 119.07, Florida

Statutes.

Committee Note

1995 Amendment. This rule was adopted to conform to the 1992 addition of article I, section 24, to the

Florida Constitution. Amendments to this rule were adopted in response to the 1994 recommendations of the Study

Committee on Confidentiality of Records of the Judicial Branch.

Subdivision (b) has been added by amendment and provides a definition of “judicial records” that is

consistent with the definition of “court records” contained in rule 2.075(a)(1) [renumbered as 2.430(a)(1) in 2006]

and the definition of “public records” contained in chapter 119, Florida Statutes. The word “exhibits” used in this

definition of judicial records is intended to refer only to documentary evidence and does not refer to tangible items

of evidence such as firearms, narcotics, etc. Judicial records within this definition include all judicial records and

data regardless of the form in which they are kept. Reformatting of information may be necessary to protect

copyrighted material. Seigle v. Barry, 422 So. 2d 63 (Fla. 4th DCA 1982), review denied, 431 So. 2d 988 (Fla. 1983).

The definition of “judicial records” also includes official business information transmitted via an electronic

mail (e-mail) system. The judicial branch is presently experimenting with this new technology. For example, e-mail

is currently being used by the judicial branch to transmit between judges and staff multiple matters in the courts

including direct communications between judges and staff and other judges, proposed drafts of opinions and orders,

memoranda concerning pending cases, proposed jury instructions, and even votes on proposed opinions. All of this

type of information is exempt from public disclosure under rules 2.051(c)(1) and (c)(2) [renumbered as 2.420(c)(1)

and (c)(2) in 2006]. With few exceptions, these examples of e mail transmissions are sent and received between

judicial officials and employees within a particular court’s jurisdiction. This type of e-mail is by its very nature

almost always exempt from public record disclosure pursuant to rule 2.051(c). In addition, official business e-mail

transmissions sent to or received by judicial officials or employees using dial-in equipment, as well as the use of on-

line outside research facilities such as Westlaw, would also be exempt e-mail under rule 2.051(c). On the other hand,

we recognize that not all e-mail sent and received within a particular court’s jurisdiction will fall into an exception

under rule 2.051(c). The fact that a non-exempt e-mail message made or received in connection with official court

business is transmitted intra-court does not relieve judicial officials or employees from the obligation of properly

having a record made of such messages so they will be available to the public similar to any other written

communications. It appears that official business e-mail that is sent or received by persons outside a particular

court’s jurisdiction is largely non-exempt and is subject to recording in some form as a public record. Each court

should develop a means to properly make a record of non-exempt official business e-mail by either electronically

storing the mail or by making a hard copy. It is important to note that, although official business communicated by

e-mail transmissions is a matter of public record under the rule, the exemptions provided in rule 2.051(c) exempt

many of these judge/staff transmissions from the public record. E-mail may also include transmissions that are

clearly not official business and are, consequently, not required to be recorded as a public record. Each court should

also publish an e-mail address for public access. The individual e-mail addresses of judicial officials and staff are

exempt under rule 2.051(c)(2) to protect the compelling interests of maintaining the uninterrupted use of the

computer for research, word-processing, preparation of opinions, and communication during trials, and to ensure

computer security.

Subdivision (c)(3) was amended by creating subparts (a) and (b) to distinguish between the provisions

governing the confidentiality of complaints against judges and complaints against other individuals or entities

licensed or regulated by the Supreme Court.

Subdivision (c)(5) was amended to make public the qualifications of persons applying to serve or serving

the court as unpaid volunteers such as guardians ad litem, mediators, and arbitrators and to make public the

applications and evaluations of such persons upon a showing of materiality in a pending court proceeding or upon a

showing of good cause.

Subdivision (c)(9) has also been amended. Subdivision (c)(9) was adopted to incorporate the holdings of

judicial decisions establishing that confidentiality may be required to protect the rights of defendants, litigants, or

third parties; to further the administration of justice; or to otherwise promote a compelling governmental interest.

Barron v. Florida Freedom Newspapers, Inc., 531 So.2d 113 (Fla.1988); Miami Herald Publishing Co. v. Lewis,

426 So.2d 1 (Fla.1982). Such confidentiality may be implemented by court rule, as well as by judicial decision,

where necessary for the effective administration of justice. See, e.g., Fla.R.Crim.P. 3.470, (Sealed Verdict);

Fla.R.Crim.P. 3.712, (Presentence Investigation Reports); Fla.R.Civ.P. 1.280(c), (Protective Orders).

Subdivision (c)(9)(D) requires that, except where otherwise provided by law or rule of court, reasonable

notice shall be given to the public of any order closing a court record. This subdivision is not applicable to court

proceedings. Unlike the closure of court proceedings, which has been held to require notice and hearing prior to

closure, see Miami Herald Publishing Co. v. Lewis, 426 So. 2d 1 (Fla.1982), the closure of court records has not

required prior notice. Requiring prior notice of closure of a court record may be impractical and burdensome in

emergency circumstances or when closure of a court record requiring confidentiality is requested during a judicial

proceeding. Providing reasonable notice to the public of the entry of a closure order and an opportunity to be heard

on the closure issue adequately protects the competing interests of confidentiality and public access to judicial

records. See Florida Freedom Newspapers, Inc. v. Sirmons, 508 So.2d 462 (Fla. 1st DCA 1987), approved, Barron v.

Florida Freedom Newspapers, Inc., 531 So.2d 113 (Fla.1988); State ex rel. Tallahassee Democrat v. Cooksey, 371

So.2d 207 (Fla. 1st DCA 1979). Subdivision (c)(9)(D), however, does not preclude the giving of prior notice of

closure of a court record, and the court may elect to give prior notice in appropriate cases.

2002 Court Commentary

The custodian is required to provide access to or copies of records but is not required either to provide

information from records or to create new records in response to a request. Op. Atty. Gen. Fla. 80-57 (1980);

Wootton v. Cook, 590 So.2d 1039 (Fla. 1st DCA 1991); Seigle v. Barry, 422 So.2d 63 (Fla. 4th DCA 1982).

The writing requirement is not intended to disadvantage any person who may have difficulty writing a request; if

any difficulty exists, the custodian should aid the requestor in reducing the request to writing.

It is anticipated that each judicial branch entity will have policies and procedures for responding to public

records requests.

The 1995 commentary notes that the definition of “judicial records” added at that time is consistent with

the definition of “court records” contained in rule 2.075(a)(1) [renumbered as 2.430(a)(1) in 2006] and the definition

of “public records” contained in chapter 119, Florida Statutes. Despite the commentary, these definitions are not the

same. The definitions added in 2002 are intended to clarify that records of the judicial branch include court records

as defined in rule 2.075(a)(1) and administrative records. The definition of records of the judicial branch is

consistent with the definition of “public records” in chapter 119, Florida Statutes.

2005 Court Commentary

Under courts’ inherent authority, appellate courts may appoint a special magistrate to serve as

commissioner for the court to make findings of fact and oversee discovery in review proceedings under subdivision

(d) of this rule. Cf. State ex rel. Davis v. City of Avon Park, 158 So. 159 (Fla. 1934) (recognizing appellate courts’

inherent authority to do all things reasonably necessary for administration of justice within the scope of courts’

jurisdiction, including the appointment of a commissioner to make findings of fact); Wessells v. State, 737 So. 2d

1103 (Fla. 1st DCA 1998) (relinquishing jurisdiction to circuit court for appointment of a special master to serve as

commissioner for court to make findings of fact).

2007 Court Commentary

New subdivision (d) applies only to motions that seek to make court records in noncriminal cases

confidential in accordance with subdivision (c)(9).

2007 Committee Commentary

Subdivision (d)(2) is intended to permit a party to make use of any court-provided recording device or

system that is available generally for litigants’ use, but is not intended to require the court system to make such

devices available where they are not already in use and is not intended to eliminate any cost for use of such system

that is generally borne by a party requesting use of such system.

APPENDIX TO RULE 2.420

______________________

_____________________________________________________________________________

_______________________________________

IN THE (NAME OF COURT)…..,

FLORIDA

CASE NO.: ____________

Plaintiff/Petitioner,

Defendant/Respondent. /

NOTICE OF CONFIDENTIAL INFORMATION WITHIN COURT FILING

Pursuant to Florida Rule of Judicial Administration 2.420(d)(2), I hereby certify:

( )(1) I am filing herewith a document containing confidential information as described in Rule

2.420(d)(1)(B) and that:

(a) The title/type of document is ____________________________________________, and :

(b)( ) the entire document is confidential, or

( ) the confidential information within the document is precisely located at :

___________________________________________________________.

( )(2) A document was previously filed in this case that contains confidential information

as described in Rule 2.420(d)(1)(B), but a Notice of Confidential Information within Court Filing

was not filed with the document and the confidential information was not maintained as

confidential by the clerk of the court. I her[e]by notify the clerk that this confidential

information is located as follows:

(a) Title/type of document: _______________________________________________________;

(b) Date of filing (if known): _____________________________________________________;

(d) Docket entry number: ________________________________________________________;

(e) ( ) Entire document is confidential, or

( ) Precise location of confidential information in document: __________________________

Filer’s Signature

____________________________________

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing was furnished by (e-mail) (delivery) (mail)

(fax) on: (All parties and Affected Non-Parties. Note: If the name or address of a Party or

Affected Non-Party is confidential DO NOT include such information in this Certificate of

Service. Instead, serve the State Attorney or request Court Service. See Rule 2.420(k))

______________________________________, on _________ , 20 .

Name ……………………………………..

Address …………………………………..

Phone ……………………………………..

Florida Bar No. (if applicable)…………….

E-mail address …………………………….

Note: The clerk of court shall review filings identified as containing confidential information to

determine whether the information is facially subject to confidentiality under (d)(1)(B). The

clerk shall notify the filer in writing within 5 days if the clerk determines that the information is

NOT subject to confidentiality, and the records shall not be held as confidential for more than 10

days, unless a motion is filed pursuant to subdivision (d)(3) of the Rule. Fla. R Jud. Admin

2.420(d)(2).