RULE 2.420. PUBLIC ACCESS TO AND PROTECTION OF
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 governs public access to and the
protection of the records of the judicial branch of government. The
public has access to all records of the judicial branch of
government, except as provided below. Access to all electronic and
other court records is governed by the Standards for Access to
Electronic Court Records and Access Security Matrix, as adopted by
the supreme court in Administrative Order AOSC14-19 or the then-
current Standards for Access. Remote access to electronic court
records is permitted in counties where the supreme court’s
conditions for release of those records are met.

(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 under 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 justice or judge is the custodian of all records that
are solely within the possession of that justice or judge. At the
conclusion of service on a court, each justice or judge must deliver
to the court’s chief justice or chief judge any records of the judicial
branch in the possession of the departing justice or judge. As to all
other records, the custodian is the official charged with the
responsibility for the care, safekeeping, and supervision of 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 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 information is confidential. Confidential
information includes information that is confidential under this rule
or under a court order entered under this rule. To the extent
reasonably practicable, restriction of access to confidential
information is 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.

(c) Confidential and Exempt Records. The following
records of the judicial branch are 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 must be no
broader than necessary to protect the compelling governmental
interest involved, and a finding that no less-restrictive measures are
available to protect this interest must be made. The decision that
confidentiality is required with respect to these administrative
memorandum or written advisory opinion is 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. The 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;

(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, are accessible to the
public. All other information contained in the applications by and
evaluations of persons applying to serve or serving as unpaid
volunteers are confidential unless made public by court order based
on a showing of materiality in a pending court proceeding or on 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 the 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 must be no broader than
necessary to protect the interests set forth in subdivision (c)(9)(A);
and

(C) no less restrictive measures are available to
protect the interests set forth in subdivision (c)(9)(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) Except as provided in this subdivision, the clerk of
the court must designate and maintain the confidentiality of any
information contained within a court record that is described in this
subdivision.

(A) The clerk of the court must maintain as
confidential information described by any of subdivisions (c)(1)
through (c)(6) of this rule.
(B) Except as provided by court order, the clerk of
the court must maintain as confidential 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), 39.202, 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 under § 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(2)(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 or guardian notice or
consent when seeking to terminate pregnancy. §§ 390.01116,
390.01118, Fla. Stat.

(viii) Clinical records under the Baker Act,
§ 394.4615(7), Fla. Stat., and all petitions, court orders, and related
records under the Baker Act, including all personal identifying
information of a person subject to the Act, § 394.464, 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., and all
petitions, court orders, and related records for involuntary
assessment and stabilization of an individual, § 397.6760, 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, orders relating to findings of no probable cause in
guardianship cases, and documents related to the settlement of a
minor’s claim or the settlement of a claim for a ward. §§ 744.1076,
744.3025, 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.

(xxi) Forensic behavioral health evaluations
under Chapter 916. § 916.1065, Fla. Stat.

(xxii) Eligibility screening, substance abuse
screening, behavioral health evaluations, and treatment status
reports for defendants referred to or considered for referral to a
drug court program. § 397.334(10)(a), Fla. Stat.

(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.

(xxiv) a court record in the case giving rise to
the Department of Law Enforcement’s sealing of a criminal history
record. § 943.0595, Fla. Stat.

(xxv) Petitions, pleadings, and related
documents for human trafficking victim expunction. §
943.0583(12)(a), Fla. Stat.

(C) In civil cases, the clerk of the court is not
required to designate and maintain information as confidential
unless the filer follows the notice procedures in subdivision (d)(2),
files a Motion to Determine Confidentiality of Court Records as set
forth in subdivision (d)(3), and the filing is deemed confidential by
court order or the case itself is confidential by law. “Civil cases” as
used in this rule includes only civil case types in the circuit, county,
or small claims courts (identified by the Court Type Designator CA,
CC, and SC in the uniform case numbering system), except those
case types listed as “Viewable on Request (VOR)” in the Standards
for Access to Electronic Court Records and Access Security Matrix,
as adopted by the supreme court in Administrative Order AOSC14-
19 or the then-current standards for access.

(2) The filer of any document containing confidential
information described in subdivision (d)(1)(B) must, at the time of
filing, file with the clerk a “Notice of Confidential Information within
Court Filing” 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 that file is not
required to file the notice form. A form Notice of Confidential
Information within Court Filing accompanies this rule.

(A) 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 under 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.

(B) The clerk of court must 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 must notify the filer of the Notice of
Confidential Information within Court Filing in writing within 5
days of filing the notice and must maintain the information as
confidential for 10 days from the date the notification by the clerk is
served. The information must not be held as confidential for more
than that 10-day period unless a motion has been filed under
subdivision (d)(3).

(3) The filer of a document with the court must
ascertain whether any information contained within the document
may be confidential under subdivision (c) of this rule even if the
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 may request that
the information be maintained as confidential by filing a “Motion to
Determine Confidentiality of Court Records” under the procedures
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 the filer; 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 under
subdivision (d)(2), or a motion is filed under subdivision (e)(1) or
(g)(1) seeking to determine that information contained in court
records is confidential, or a motion is filed under 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 must give notice of that filing
to any affected non-party. Notice under this provision must:

(A) be filed with the court;
(B) identify the case by docket number;

(C) 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 record; and

(D) include the applicable statement that:

(i) if a motion to determine confidentiality of
court records is denied then the subject material will not be treated
as confidential by the clerk; and

(ii) if a motion to unseal confidential records
or vacate an order deeming records confidential is granted, the
subject material will no longer be treated as confidential by the
clerk.

Any notice in this subdivision must be served under
subdivision (k), if applicable, together with the motion that gave rise
to the notice in accordance with subdivision (e)(5) or (g)(5).

(5) 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,” except when the entire court file is maintained as
confidential. The clerk must maintain the confidentiality of the
identified confidential information. A copy of the document edited to
omit the confidential information must 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 the
court records are confidential without revealing confidential
information; and

(C) set forth the specific legal authority and any
applicable legal standards for determining the court records to be
confidential without revealing confidential information.

(2) 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 the subject of a motion under this subdivision 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.

(3) 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 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). Any
person may request expedited consideration of and ruling on the
motion. The movant is responsible for ensuring that a complete
record of any hearing held under 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)(5) 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.

(4) 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;

(C) whether any party’s name determined to be
confidential and, if so, the particular 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)(5).
(5) 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 does not apply to orders
determining that court records are confidential under subdivision
(c)(7) or (c)(8).

(6) 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 is 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 does 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) 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 applies:

(A) The court must hold a hearing on the motion
filed under this subdivision within 15 days of the filing of the
motion, 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. 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 must 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) applies 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
applies:

(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.

(C) The court must issue a written ruling on a
motion filed under this subdivision 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 under 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
applies:

(A) Information that is the subject of the 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)(4)(A)–(G),
(g)(7), (h), and (j) apply to motions made under this subdivision. The
provisions of subdivisions (e)(1), (e)(3), (e)(4)(H), (e)(5), and (e)(6) do
not apply to motions made under this subdivision.

(C) No order entered under this subdivision may
authorize or approve the sealing of 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
under this subdivision may be granted for 60–day periods, but each
such extension may be ordered only on 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 must retain
jurisdiction to consider motions to extend orders issued under this
subdivision during the course of the appeal or review proceeding.

(D) The clerk of the court must not publish any
order of the court issued under this subdivision in accordance with
subdivision (e)(5) or (g)(4) unless directed by the court. The docket
must 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) applies 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
must 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)(4)(A)–(e)(4)(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 must 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) On 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 must indicate that 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 the 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 of affected non-party;

(C) the movant shows good cause why the movant
was unable to timely comply with 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)(3) apply to the oral motion,
procedure and hearing;

(F) the provisions of subdivision (f)(1)(A) and
(f)(1)(B) and (f)(3) 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 under
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 subdivision (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
must 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 must 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 (f)(1)(B), the written order
must be issued within 30 days of the hearing and must comply with
subdivision (e)(4).

(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 on 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 under 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;

(C) set forth the specific legal authority 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;

(C) identify any person who is permitted to obtain
copies of the confidential court 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 under this
subdivision.

(6) Unless otherwise provided, an order granting access
to confidential court records under this subdivision does 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 must serve
any notice or motion described in this rule on an alleged victim of a
crime, service must be on the state attorney, who must 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 must use reasonable efforts to locate the affected non-party
and may serve the affected non-party by any method set forth in
Florida Rule of General Practice and 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 is 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 General Practice and 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 must 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 must be filed in the court
having appellate jurisdiction to review the decisions of the judge
denying access. On order issued by the appellate court, the judge
denying access to records must file a sealed copy of the requested
records with the appellate court.

(2) All other actions under this rule must 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 must be made in a reasonable manner.

(1) Requests for access to judicial branch records must
be in writing and must be directed to the custodian. The request
must 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 is solely responsible for providing
access to the records of the custodian’s entity. The custodian must
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 must determine the form in which the
record is provided. If the request is denied, the custodian must
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,
must 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 under
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 on a showing of materiality in a pending court
proceeding or on 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
before 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,

v.
Defendant/Respondent.
/

NOTICE OF CONFIDENTIAL INFORMATION
WITHIN COURT FILING

Under Florida Rule of General Practice and Judicial
Administration 2.420(d)(2), I certify:

( )(1) I am filing the attached 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 :

.
OR

( )(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 hereby notify the clerk that this confidential information is
located as follows:

(a) Title/type of document:
;
(b) Date of filing (if known):
;
(c) Date of document:
;
(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 must review filings identified as containing
confidential information to determine whether the information is
facially subject to confidentiality under subdivision (d)(1)(B). The
clerk must notify the filer in writing within 5 days if the clerk
determines that the information is NOT subject to confidentiality,
and the records must not be held as confidential for more than 10
days, unless a motion is filed under subdivision (d)(3) of the Rule.
Fla. R. Gen. Prac. & Jud. Admin. 2.420(d)(2).