Confidential Court Records Rule Change

The Supreme Court of Florida recently issued SC20-1765, amending the Florida Rules of Judicial Administration (FRJA) rule 2.420(d) (Public Access to and Protection of Judicial Branch Records; Procedures for Determining Confidentiality of Court Records). The change provides, essentially, that “in certain civil cases, the clerk of court does not have an independent responsibility to identify and designate information as confidential. Instead, that is the sole responsibility of the filer.” The Court also emphasizes that, “any party, non-party, or attorney who does not comply with the requirements in rule 2.420 may be subject to sanctions under subdivision (i) (Sanctions) of rule 2.420.” The amendment is scheduled to become effective on July 1, 2021, but the Florida Supreme Court is taking comments on the rule change until April 6, 2021 (See FN. 6 in SC 20-1765, at: