Florida Judicial Administration Rule 2.430
RULE 2.430. RETENTION OF COURT RECORDS
(a) Definitions. The following definitions apply to this rule:
(1) “Court records” mean 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, video tapes, or stenographic tapes of depositions or other
proceedings filed with the clerk, and electronic records, videotapes
or stenographic tapes of court proceedings.
(2) “After a judgment has become final” means:
(A) when a final order, final judgment, final docket
entry, final dismissal, or nolle prosequi has been entered as to all
parties, no appeal has been taken, and the time for appeal has
expired; or
(B) when a final order, final judgment, or final
docket entry has been entered, an appeal has been taken, the
appeal has been disposed of, and the time for any further appellate
proceedings has expired.
(3) “Permanently recorded” means that a document has
been microfilmed, optically imaged, or recorded onto an electronic
record keeping system in accordance with standards adopted by the
Supreme Court of Florida.
(b) Permanently Recorded Records.
(1) After court records have been permanently
recorded, the clerk may destroy or otherwise dispose of them any
time after a judgment has become final, except exhibits or any
record required to be kept in another form by any other rule.
(2) The clerk may destroy, retain, or dispose of any
physical media submitted to the clerk for the purpose of filing
information contained in the media after the contents of the media
have been made a part of the court record.
(c) Records Not Permanently Recorded. No court records
under this subdivision may be destroyed or disposed of until the
final order, final docket entry, or final judgment is permanently
recorded for, or recorded in, the public records. The time periods do
not apply to any action in which the court orders the court records
to be kept until the court orders otherwise. When an order is
entered to that effect, the progress docket and the court file must be
marked by the clerk with a legend showing that the court records
are not to be destroyed or disposed of without a further order of
court. Any person may apply for an order suspending or prohibiting
destruction or disposition of court records in any proceeding. Court
records, except exhibits, that are not permanently recorded may be
destroyed or disposed of by the clerk after a judgment has become
final in accordance with the following schedule.
(1) Trial Courts.
(A) 60 days after required audits are complete —
parking tickets and noncriminal traffic infractions.
(B) 2 years —small claims and medical mediation
proceedings.
(C) 5 years — noncriminal ordinance violations,
civil litigation proceedings in county court other than those under
the Small Claims Rules, and civil proceedings in circuit court except
marriage dissolutions and adoptions.
(D) 10 years — probate, guardianship, and mental
health proceedings.
(E) 10 years — felony and misdemeanor cases in
which no information or indictment was filed or in which all charges
were dismissed, or in which the state announced a nolle prosequi,
or in which the defendant was adjudicated not guilty.
(F) 75 years — juvenile proceedings containing an
order permanently depriving a parent of custody of a child, and
adoptions, and all felony and misdemeanor cases not previously
destroyed.
(G) 5 years after the last entry or until the child
reaches the age of majority, whichever is later — juvenile
proceedings except as listed elsewhere in this subdivision.
(H) 10 years from the last record activity —
marriage dissolutions, except that the court may authorize
destruction of court records not involving alimony, support, or
custody of children 5 years from the last record activity.
(2) District Courts of Appeal.
(A) 2 years — noncriminal court records.
(B) 5 years — criminal court records.
(3) Florida Supreme Court.
(A) 5 years — all cases disposed of by order not
otherwise provided for in this rule.
(B) 10 years — cases disposed of by order
involving individuals licensed or regulated by the court and
noncriminal court records involving the unauthorized practice of
law.
(d) Records to Be Retained Permanently. The following
court records are permanently recorded or permanently retained:
(1) progress dockets, and other similar records
generated to document activity in a case; and
(2) supreme court records in which the case was
disposed of by opinion.
(e) Court Reporters’ Notes. Court reporters or persons
acting as court reporters for judicial or discovery proceedings must
retain the original notes or electronic records of the proceedings or
depositions until the times specified below.
(1) 2 years from the date of preparing the transcript —
judicial proceedings, arbitration hearings, and discovery
proceedings when an original transcript has been prepared.
(2) 10 years — judicial proceedings in felony cases
when a transcript has not been prepared.
(3) 5 years — all other judicial proceedings, arbitration
hearings, and discovery proceedings when a transcript has not been
prepared.
When an agreement has been made between the reporter and any
other person and the person has paid the reasonable charges for
storage and retention of the notes, the notes or records must be
kept for any longer time agreed on. All reporters’ notes must be
retained in a secure place in Florida.
(f) Exhibits.
(1) Exhibits in criminal proceedings are disposed of as
provided by law.
(2) All other exhibits are retained by the clerk until 90
days after a judgment has become final. If an exhibit is not
withdrawn under subdivision (i) within 90 days, the clerk may
destroy or dispose of the exhibits after giving the parties or their
attorneys of record 30 days’ notice of the clerk’s intention to do so.
Exhibits are delivered to any party or attorney of record calling for
them during the 30-day time period.
(g) Disposition Other Than Destruction. Before
destruction or disposition of court records under this rule, any
person may apply to the court for an order requiring the clerk to
deliver to the applicant the court records that are to be destroyed or
disposed of. All parties must be given notice of the application. The
court disposes of that court record as appropriate.
(h) Release of Court Records. This rule does not limit the
power of the court to release exhibits or other parts of court records
that are the property of the person or party initially placing the
items in the court records. The court may require copies to be
substituted as a condition to releasing the court records under this
subdivision.
(i) Right to Expunge Records. Nothing in this rule affects
the power of the court to order records expunged.
(j) Sealed Records. No record which has been sealed from
public examination by order of court may be destroyed without
hearing after notice as the court requires.
(k) Destruction of Jury Notes. At the conclusion of the trial
and promptly following discharge of the jury, the court collects and
immediately destroy all juror notes.
(a) Definitions. The following definitions apply to this rule:
(1) “Court records” mean 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, video tapes, or stenographic tapes of depositions or other
proceedings filed with the clerk, and electronic records, videotapes
or stenographic tapes of court proceedings.
(2) “After a judgment has become final” means:
(A) when a final order, final judgment, final docket
entry, final dismissal, or nolle prosequi has been entered as to all
parties, no appeal has been taken, and the time for appeal has
expired; or
(B) when a final order, final judgment, or final
docket entry has been entered, an appeal has been taken, the
appeal has been disposed of, and the time for any further appellate
proceedings has expired.
(3) “Permanently recorded” means that a document has
been microfilmed, optically imaged, or recorded onto an electronic
record keeping system in accordance with standards adopted by the
Supreme Court of Florida.
(b) Permanently Recorded Records.
(1) After court records have been permanently
recorded, the clerk may destroy or otherwise dispose of them any
time after a judgment has become final, except exhibits or any
record required to be kept in another form by any other rule.
(2) The clerk may destroy, retain, or dispose of any
physical media submitted to the clerk for the purpose of filing
information contained in the media after the contents of the media
have been made a part of the court record.
(c) Records Not Permanently Recorded. No court records
under this subdivision may be destroyed or disposed of until the
final order, final docket entry, or final judgment is permanently
recorded for, or recorded in, the public records. The time periods do
not apply to any action in which the court orders the court records
to be kept until the court orders otherwise. When an order is
entered to that effect, the progress docket and the court file must be
marked by the clerk with a legend showing that the court records
are not to be destroyed or disposed of without a further order of
court. Any person may apply for an order suspending or prohibiting
destruction or disposition of court records in any proceeding. Court
records, except exhibits, that are not permanently recorded may be
destroyed or disposed of by the clerk after a judgment has become
final in accordance with the following schedule.
(1) Trial Courts.
(A) 60 days after required audits are complete —
parking tickets and noncriminal traffic infractions.
(B) 2 years —small claims and medical mediation
proceedings.
(C) 5 years — noncriminal ordinance violations,
civil litigation proceedings in county court other than those under
the Small Claims Rules, and civil proceedings in circuit court except
marriage dissolutions and adoptions.
(D) 10 years — probate, guardianship, and mental
health proceedings.
(E) 10 years — felony and misdemeanor cases in
which no information or indictment was filed or in which all charges
were dismissed, or in which the state announced a nolle prosequi,
or in which the defendant was adjudicated not guilty.
(F) 75 years — juvenile proceedings containing an
order permanently depriving a parent of custody of a child, and
adoptions, and all felony and misdemeanor cases not previously
destroyed.
(G) 5 years after the last entry or until the child
reaches the age of majority, whichever is later — juvenile
proceedings except as listed elsewhere in this subdivision.
(H) 10 years from the last record activity —
marriage dissolutions, except that the court may authorize
destruction of court records not involving alimony, support, or
custody of children 5 years from the last record activity.
(2) District Courts of Appeal.
(A) 2 years — noncriminal court records.
(B) 5 years — criminal court records.
(3) Florida Supreme Court.
(A) 5 years — all cases disposed of by order not
otherwise provided for in this rule.
(B) 10 years — cases disposed of by order
involving individuals licensed or regulated by the court and
noncriminal court records involving the unauthorized practice of
law.
(d) Records to Be Retained Permanently. The following
court records are permanently recorded or permanently retained:
(1) progress dockets, and other similar records
generated to document activity in a case; and
(2) supreme court records in which the case was
disposed of by opinion.
(e) Court Reporters’ Notes. Court reporters or persons
acting as court reporters for judicial or discovery proceedings must
retain the original notes or electronic records of the proceedings or
depositions until the times specified below.
(1) 2 years from the date of preparing the transcript —
judicial proceedings, arbitration hearings, and discovery
proceedings when an original transcript has been prepared.
(2) 10 years — judicial proceedings in felony cases
when a transcript has not been prepared.
(3) 5 years — all other judicial proceedings, arbitration
hearings, and discovery proceedings when a transcript has not been
prepared.
When an agreement has been made between the reporter and any
other person and the person has paid the reasonable charges for
storage and retention of the notes, the notes or records must be
kept for any longer time agreed on. All reporters’ notes must be
retained in a secure place in Florida.
(f) Exhibits.
(1) Exhibits in criminal proceedings are disposed of as
provided by law.
(2) All other exhibits are retained by the clerk until 90
days after a judgment has become final. If an exhibit is not
withdrawn under subdivision (i) within 90 days, the clerk may
destroy or dispose of the exhibits after giving the parties or their
attorneys of record 30 days’ notice of the clerk’s intention to do so.
Exhibits are delivered to any party or attorney of record calling for
them during the 30-day time period.
(g) Disposition Other Than Destruction. Before
destruction or disposition of court records under this rule, any
person may apply to the court for an order requiring the clerk to
deliver to the applicant the court records that are to be destroyed or
disposed of. All parties must be given notice of the application. The
court disposes of that court record as appropriate.
(h) Release of Court Records. This rule does not limit the
power of the court to release exhibits or other parts of court records
that are the property of the person or party initially placing the
items in the court records. The court may require copies to be
substituted as a condition to releasing the court records under this
subdivision.
(i) Right to Expunge Records. Nothing in this rule affects
the power of the court to order records expunged.
(j) Sealed Records. No record which has been sealed from
public examination by order of court may be destroyed without
hearing after notice as the court requires.
(k) Destruction of Jury Notes. At the conclusion of the trial
and promptly following discharge of the jury, the court collects and
immediately destroy all juror notes.