In re: Amendments to Florida Rule of Judicial Administration 2.420

Summary

The Supreme Court of Florida amended Florida Rule of Judicial Administration 2.420 to add Baker Act records and specified domestic-violence-related information to categories that clerks must maintain as confidential. The amendments became effective July 1, 2019, and the Court invited comments through September 10, 2019.

Holdings

1. Florida Rule of Judicial Administration 2.420(d)(1)(B)(viii) is amended to require clerks to designate and maintain as confidential all petitions, court orders, and related records under the Baker Act, in addition to the previously protected clinical records.
2. Florida Rule of Judicial Administration 2.420(d)(1)(B) is amended by adding subdivision (xxiii), requiring confidentiality of information identifying a petitioner or respondent in specified injunction proceedings and of related affidavits, notices of hearing, and temporary injunctions until the respondent has been personally served.
3. The amendments become effective July 1, 2019, at 12:01 a.m.; because they were not published for comment before adoption, interested persons may file comments within seventy-five days of the opinion.

Questions Presented

1. Whether Florida Rule of Judicial Administration 2.420(d)(1)(B) should be amended to incorporate newly enacted statutory confidentiality protections for Baker Act records.
2. Whether Florida Rule of Judicial Administration 2.420(d)(1)(B) should be amended to protect identifying information and specified documents in petitions for injunctions against domestic violence and related forms of violence or stalking until the respondent is personally served.
3. When the amendments should become effective and whether interested persons should be permitted to submit comments after adoption.

Disposition

other