In re Amendments to Florida Rule of Judicial Administration 2.420 and the Florida Rules of Appellate Procedure

Summary

The Supreme Court of Florida adopted comprehensive amendments to Florida Rule of Judicial Administration 2.420 and related appellate rules governing public access to judicial branch records. The amendments establish procedures for identifying and segregating confidential information, sealing and unsealing records, addressing confidentiality in criminal cases, and reviewing access orders. The Court stated that the amendments were intended to balance the constitutional right of public access with the need to protect confidential court records.

Holdings

1. The Court adopted amendments creating definitions of confidential information and affected non-parties, requiring clerks to maintain specified categories of confidential information, requiring filers to identify certain confidential information, and providing procedures for judicial determinations of confidentiality.
2. The Court amended and renumbered the existing procedures for determining the confidentiality of noncriminal trial court records, including requirements for motions, hearings, orders, public posting, unsealing requests, expedited rulings, and sanctions for unsupported or bad-faith filings.
3. The Court adopted special procedures for criminal records involving plea agreements, substantial-assistance agreements, confidential informants, or active criminal investigative information, including temporary confidentiality, generic docket descriptions, expedited hearings and rulings, and limits on sealing orders to the period necessary and no longer than 120 days absent authorized extensions.
4. The Court adopted procedures governing motions to determine the confidentiality of appellate records and amended Florida Rule of Appellate Procedure 9.100(d) to permit review of orders denying access, granting access, or denying motions to seal, with expedited review and continued confidentiality pending resolution of a stay motion.
5. The Court's adoption of the amendments did not determine the merits of substantive arguments concerning the new procedures and did not preclude those arguments from being raised in a proper case or controversy.

Questions Presented

1. Whether Florida Rule of Judicial Administration 2.420 should be amended to establish procedures for identifying and segregating confidential information in court records.
2. What procedures should govern motions to determine confidentiality, seal, unseal, or review court records in noncriminal trial, criminal, and appellate proceedings.
3. Whether related amendments to the Florida Rules of Appellate Procedure should clarify the treatment and review of appellate court records and orders granting or denying access.

Disposition

approved