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1. Rule 2.420 update - what exactly does this mean?

• CLERKS OF COURT are no longer required to review and remove confidential information in small claims court filings and circuit and most county court civil cases unless notified by the filer.
• ALL FILERS are now solely responsible for identifying confidential information contained in these court records to ensure it is appropriately redacted.

2. Steps for Removing Confidential Information

If the filer who is drafting a document believes it contains confidential information, they should:

• First, exclude it if it isn’t necessary information; or
• Complete a Notice of Confidential Information Within Court Filing form before filing.

3. What If It Is NOT Considered Confidential?

IF A NOTICE IS FILED BUT THE INFORMATION IS NOT CONSIDERED CONFIDENTIAL:

• The Clerk will notify the filer within 5 business days, locking the document as confidential for up to 10 business days to allow the filer to file a Motion to Determine Confidentiality of Court Records.
• If no Motion is filed after 10 days, the information may become public.
• Once the Motion is filed, the Clerk will keep the document in a locked status unavailable for public viewing until the court rules on the motion.

4. Rule 2.420 - what are the 23 types of confidential information?

The 23 Types of Confidential that can be redacted: 

• Dependency
• Adoption Files
• Social Security Numbers, Bank Accounts, Charge, Debit & Credit Card Numbers
• HIV
• Sexually Transmissible Diseases
• Birth and Death Records
• Pregnancy Termination by Minor
• Baker Act Records
• Substance Abuse Records
• Clinical Records
• Estate Inventories and Accountings
• Domestic Violence (Victim’s Address)
• Child Abuse & Sexual Offenses
• Gestational Surrogacy
• Guardianship
• Grand Jury Records
• Family Services for Children
• Juvenile Delinquency
• Tuberculosis
• Presentence Investigation Reports
• Forensic Behavioral Health Evaluations
• Drug Court Reports
• Domestic Violence (Identifying Information)

THE DETAILED LIST CAN BE DOWNLOADED AT:
www.FLClerks.com/ConfidentialRuleChange

5. Where Do the Rule 2.420 Changes Apply?

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.

The amended rule affects small claims court filings and circuit and county court civil cases, except for Family Law cases, Domestic Violence Cases, cases stemming from sexual abuse, Risk Protection Orders, mental health Cases, Jimmy Ryce civil commitments, and medical malpractice cases. 

• Small Claims Cases, meaning minor legal disputes below $8,000.
• County Court Civil Cases for legal disputes between $8,001 and $50,000.
• And most Circuit Court Civil Cases above $50,000 and appeals from County Court.

Clerks and filers will retain dual responsibility to identify confidential information in all other types of filings for family, criminal, juvenile and probate cases. 

CHANGES DO NOT APPLY TO: (the current standards in place will remain)

• Family Law Cases
• Domestic Violence Cases
• Cases Stemming from Sexual Abuse
• Risk Protection Orders
• Mental Health Cases
• Jimmy Ryce Civil Commitments 
• Medical Malpractice Cases

6. Rule2.420 Handout if you are representing yourself

Click here for important information if you are representing yourself in court and don't have an attorney. 

7. Rule2.420 Handout Legal Representatives

Click here to read about the rule changes for Legal Representatives.

8. Rule2.420 Handout Attorney

Click here to read the handout if you are an Attorney

9. How do I file confidential information?

If any confidential information is included in the documents being filed a Notice of Confidential Information Within Court Filing Form must be completed at the time of filing. The Clerk of Courts shall review the filings identified as containing confidential information and notify the filer in writing within 5 days if the Clerk determines the information is not subject to confidentiality. View the Notice of Confidential Information

10. What if I am notified that my information is not subject to confidentiality?

After being notified in writing that the information is not subject to confidentiality, you may file a motion requesting that the information be deemed confidential. Unless a motion is filed with the Clerk of Courts Office the Clerk can hold the records as confidential for no more then 10 days.