Rule Change: Confidential Info in Court Records

The Florida Supreme Court recently amended the Rules of General Practice and Judicial Administration rule 2.420(d) (Public Access to and Protection of Judicial Branch Records; Procedures for Determining Confidentiality of Court Records), shifting the responsibility for identifying confidential information in certain civil case types from the clerk of court to the attorney filing the documents. Effective July 1, 2021, attorney filers will be solely responsible for ensuring any confidential information is redacted, or identified for redaction through a notice of confidential information or a motion to determine confidentiality of court records. The amended rule affects small claims, circuit, and county court civil cases, with the exception of Jimmy Ryce civil commitments, cases stemming from sexual assault, and medical malpractice filings. The amendment to Rule 2.420(d) can be reviewed in Supreme Court Case SC20-1765.