Confidential Information Rules
As Clerks of Court, our offices protect the public by reviewing and redacting confidential personal information included in court documents, and we take this responsibility very seriously. It’s critical for the public to know, the Florida Supreme Court has amended Florida Rules of General Practice and Judicial Administration 2.420 regarding the review and redaction of personal information contained in certain court documents.
- Starting July 1, 2021, filers will be solely responsible for ensuring any confidential information contained in court records filed with the Clerk is appropriately identified for redaction in these cases. A filer is anyone who submits official court documents with the Clerk in order to start or support a legal action.
The amended rule affects small claims, county civil and most circuit civil court cases, except for Jimmy Ryce civil commitments, cases stemming from sexual assault, medical malpractice filings and family law cases.
Rule 2.420 outlines 23 categories of information that are automatically confidential in court records such as Social Security numbers, health records, bank account numbers, addresses of domestic violence victims, and juvenile delinquency records. Previously, Clerks were responsible for independently reviewing all filed records to further identify and redact confidential information protected by the rule.
- In accordance with the amendment, “the clerk shall not be required to identify and designate information as confidential,” in small claims, county civil and most circuit civil circuit civil court documents.
- Small Claims Cases for legal disputes $8,000 or less.
- County Court Civil Cases for legal disputes between $8,001 and $30,000.
- And most Circuit Court Civil Cases above $30,000 and appeals from County Court
Filers are required to identify the precise location of all instances of confidential information within the document – including page numbers and attachments, appendices, and exhibits. Clerks and filers will retain dual responsibility to identify confidential information in all other types of filings for family, criminal, juvenile and probate cases.