Florida Family Law Rule 12.400
RULE 12.400. CONFIDENTIALITY OF RECORDS AND
PROCEEDINGS
(a) Closure of Proceedings or Records. Closure of court
proceedings or sealing of records may be ordered by the court only
as provided by Florida Rule of General Practice and Judicial
Administration 2.420.
(b) Filing of Sensitive Information. All documents
containing sensitive information must be filed in conformity with
Florida Rule of General Practice and Judicial Administration 2.425.
(c) In Camera Inspections. The court must conduct an in
camera inspection of any records sought to be sealed and consider
the contents of the records in determining whether they should be
sealed.
(d) Conditional Sealing of Financial Information.
(1) The court has the authority to conditionally seal the
financial information required by rule 12.285 if it is likely that
access to the information would subject a party to abuse, such as
the use of the information by third parties for purposes unrelated to
government or judicial accountability or to first amendment rights.
Any such order sealing the financial information is conditional in
that the information must be disclosed to any person who
establishes that disclosure of the information is necessary for
government or judicial accountability or has a proper first
amendment right to the information.
(2) Notice of conditional sealing shall be as required by
Florida Rule of General Practice and Judicial Administration
2.420(d).
(3) Upon receipt of a motion to reopen conditionally
sealed financial information, the court must schedule a hearing on
the motion with notice provided to the movant and parties.
Commentary
1995 Adoption. Judicial proceedings and records should be
public except when substantial compelling circumstances,
especially the protection of children or of business trade secrets,
require otherwise. Family law matters frequently present such
circumstances. It is intended that this rule be applied to protect the
interests of minor children from offensive testimony and to protect
children in a divorce proceeding.
2003 Amendment. The adoption of a procedure for
conditional sealing of the financial information does not change the
burden of proof for closure of filed records of court proceedings set
forth in Barron v. Florida Freedom Newspapers, Inc., 531 So.2d 113,
118 (Fla. 1988).
PROCEEDINGS
(a) Closure of Proceedings or Records. Closure of court
proceedings or sealing of records may be ordered by the court only
as provided by Florida Rule of General Practice and Judicial
Administration 2.420.
(b) Filing of Sensitive Information. All documents
containing sensitive information must be filed in conformity with
Florida Rule of General Practice and Judicial Administration 2.425.
(c) In Camera Inspections. The court must conduct an in
camera inspection of any records sought to be sealed and consider
the contents of the records in determining whether they should be
sealed.
(d) Conditional Sealing of Financial Information.
(1) The court has the authority to conditionally seal the
financial information required by rule 12.285 if it is likely that
access to the information would subject a party to abuse, such as
the use of the information by third parties for purposes unrelated to
government or judicial accountability or to first amendment rights.
Any such order sealing the financial information is conditional in
that the information must be disclosed to any person who
establishes that disclosure of the information is necessary for
government or judicial accountability or has a proper first
amendment right to the information.
(2) Notice of conditional sealing shall be as required by
Florida Rule of General Practice and Judicial Administration
2.420(d).
(3) Upon receipt of a motion to reopen conditionally
sealed financial information, the court must schedule a hearing on
the motion with notice provided to the movant and parties.
Commentary
1995 Adoption. Judicial proceedings and records should be
public except when substantial compelling circumstances,
especially the protection of children or of business trade secrets,
require otherwise. Family law matters frequently present such
circumstances. It is intended that this rule be applied to protect the
interests of minor children from offensive testimony and to protect
children in a divorce proceeding.
2003 Amendment. The adoption of a procedure for
conditional sealing of the financial information does not change the
burden of proof for closure of filed records of court proceedings set
forth in Barron v. Florida Freedom Newspapers, Inc., 531 So.2d 113,
118 (Fla. 1988).