IN RE: AMENDMENTS TO THE FLORIDA RULES OF JUDICIAL ADMINISTRATION 2.420 - 2019 FAST-TRACK REPORT
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The Court amends Florida Rule of Judicial Administration 2.420(d) to include a reference to Florida Statutes section 39.202, concerning the confidentiality of child abuse reporting information.
[1] Florida Rule of Judicial Administration 2.420(d)(1)(B)(i) is amended to include a reference to section 39.202, Florida Statutes, concerning the confidentiality of child a…
[2] The Florida Supreme Court has jurisdiction to amend the Florida Rules of Judicial Administration.
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Join FLexlaw to unlock all legal intelligenceThe Florida Bar's Rules of Judicial Administration Committee proposed an amendment to Rule 2.420(d) in response to recent statutory changes. The amend…
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PER CURIAM.
The Court has for consideration an amendment to Florida Rule of Judicial Administration 2.420(d) (Procedures for Determining Confidentiality of Court Records) proposed by The Florida Bar’s Rules of Judicial Administration Committee (RJA Committee) in response to recent statutory amendments. See Fla. R. Jud. Admin. 2.140(e)(1). The Court has jurisdiction1 and amends the rule as proposed by the RJA Committee and approved by the Executive Committee of the Board of Governors of The Florida Bar. Subdivision (d)(1)(B)(i) of rule 2.420 currently lists “[c]hapter 39 records relating to dependency matters, termination of parental rights, guardians ad litem,
1. See art. V, § 2(a), Fla. Const. child abuse, neglect, and abandonment” as information the clerk must designate and maintain as confidential and cites to sections 39.0132(3) and 39.0132(4)(a), Florida Statutes. The amendment to subdivision (d)(1)(B)(i) adds a reference to section 39.202, Florida Statutes, which prohibits the release of “the name of, or identifying information with respect to, any person reporting child abuse, abandonment, or neglect” to anyone not listed in the statute, without the written consent of the reporting person. See ch. 2019-49, §§ 1, 3, Laws of Fla. (amending § 39.202(2), (5), Fla. Stat., effective July 1, 2019, to add italicized language).
Accordingly, the Court amends the Florida Rules of Judicial Administration as reflected in the appendix to this opinion. New language is indicated by underscoring. The amendment shall become effective immediately upon the release of this opinion. Because the amendments were not published for comment prior to their adoption, interested persons shall have seventy-five days from the date of this opinion in which to file comments with the Court. 2
2. All comments must be filed with the Court on or before December 17, 2019, with a certificate of service verifying that a copy has been served on the Committee Chair, Hon. Josephine Gagliardi, Lee County Justice Center, 1700 Monroe Street, Fort Myers, Florida 33901-3071, [email protected], and on the Bar Staff Liaison to the Committee, Krys Godwin, 651 E. Jefferson Street, Tallahassee, Florida 32399-2300, [email protected], as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. The Committee Chair has until January 6, 2020, to file a response to any comments filed with the Court. If filed by an attorney in good standing with The Florida Bar, the comment must be electronically filed via the Florida Courts E-Filing Portal (Portal) in accordance -2-It is so ordered.
CANADY, C.J., and POLSTON, LABARGA, LAWSON, LAGOA, LUCK, and MUÑIZ, JJ., concur. THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE