IN RE: AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.420
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Court amended Florida Rule of Judicial Administration 2.420(d)(1)(B) to add two new categories of confidential court records: Baker Act records and identifying information in domestic violence and related injunction petitions until personal service on the respondent.
[1] The Florida Supreme Court has constitutional authority to amend the Florida Rules of Judicial Administration on its own motion to implement legislative directives regardi…
[2] Petitions, court orders, and related records under the Baker Act must be designated and maintained as confidential by the clerk of court pursuant to section 394.464, Flor…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In response to recent legislation, the Court, on its own motion, amends Florida Rule of Judicial Administration 2.420(d) (Procedures for Determining Confidentiality of Court Records) to add two new categories of information in court records that the clerk of court must designate and maintain as confidential under rule 2.420(d)(1)(B).”
Establishes the Court's authority and purpose in amending the rule to implement legislative directives regarding confidentiality.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe Florida Legislature enacted two statutes making certain court records confidential: section 394.464 regarding Baker Act records and an amendment t…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Supreme Court of Florida
No. SC19-1049
IN RE: AMENDMENTS TO FLORIDA RULE OF JUDICIAL
ADMINISTRATION 2.420.
June 27, 2019
PER CURIAM.
In response to recent legislation, the Court, on its own motion, amends Florida Rule of Judicial Administration 2.420(d) (Procedures for Determining Confidentiality of Court Records) to add two new categories of information in court records that the clerk of court must designate and maintain as confidential under rule 2.420(d)(1)(B). See Fla. R. Jud. Admin. 2.140(d). We have jurisdiction. See art. V, § 2(a), Fla. Const.
The Court amends rule 2.420(d)(1)(B)(viii) to add "all petitions, court orders, and related records under the Baker Act” as a category of court records that the clerk must designate and maintain as confidential under the rule. This amendment is in response to newly enacted section 394.464, Florida Statutes, which makes such Baker Act records confidential. See ch. 2019-51, §§ 1-2, Laws
of Fla. (creating § 394.464 (Court records; confidentiality), Fla. Stat., effective July1, 2019).
In response to the addition of subsection 3 to section 119.0714(1)(k), Florida Statutes (2018), the Court adds new subdivision (xxiii) to rule 2.420(d)(1)(B). The new subdivision lists “[i]nformation 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." See ch. 2019-39, §§ 1, 3, Laws of Fla. (amending § 119.0714(1)(k), Fla. Stat., effective July1, 2019).
Accordingly, the Florida Rules of Judicial Administration are amended, as reflected in the appendix to this opinion. New language is indicated by underscoring, and deleted language is indicated by struck-through type. The amendments shall become effective July1, 2019, at 12:01 a.m. 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.¹
It is so ordered.
CANADY, C.J., and POLSTON, LABARGA, LAWSON, LAGOA, LUCK, and MUÑIZ, JJ., concur.