Supreme Court of Florida

____________

No. SC2023-0014

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IN RE: AMENDMENTS TO FLORIDA RULES OF GENERAL 

PRACTICE AND JUDICIAL ADMINISTRATION 2.420 AND 2.533.

May 11, 2023

PER CURIAM.

The Florida Bar’s Rules of General Practice and Judicial 

Administration Committee (Committee) has filed a report proposing 

amendments to Florida Rule of General Practice and Judicial 

Administration 2.420 (Public Access to and Protection of Judicial 

Branch Records) and the addition of new rule 2.533 (Oaths and 

Affirmations in Court).1 The Committee and the Board of Governors 

of The Florida Bar unanimously approved the proposed 

amendments. The proposal was previously published for comment 

by the Committee, but no comments were received.

1. We have jurisdiction. See art. V, § 2(a), Fla. Const; Fla. R. 

Gen. Prac. & Jud. Admin. 2.140(b)(1).
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Having considered the proposed amendments, the Court 

hereby amends rule 2.420 and adopts rule 2.533 as proposed by 

the Committee, with a minor modification to rule 2.533 for 

consistency with rule 2.530 (Communication Technology). Among 

other amendments, rule 2.420 is amended to include “documents 

related to the settlement of a minor’s claim or the settlement of a 

claim for a ward” as information that the clerk of court must 

maintain as confidential in accordance with section 744.3701, 

Florida Statutes (2022). New rule 2.533 addresses who is 

authorized to administer oaths to jurors and witnesses in court.

The Florida Rules of General Practice and Judicial 

Administration are hereby amended as set forth in the appendix to 

this opinion. New language is indicated by underscoring; deletions 

are indicated by struck-through type. The amendments shall 

become effective July 1, 2023, at 12:01 a.m. Because the 

amendments were not published for comment prior to their 

adoption, interested persons shall have seventy-five days from the 

date of this opinion in which to file comments with the Court.2

2. All comments must be filed with the Court on or before 

July 25, 2023, with a certificate of service verifying that a copy has 
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It is so ordered.

MUÑIZ, C.J., and CANADY, LABARGA, COURIEL, GROSSHANS, 

and FRANCIS, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER 

THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Rules of General Practice and Judicial 

Administration

Hon. Stephen R. Jewett, Chair, Rules of General Practice and 

Judicial Administration Committee, Orlando, Florida, Joshua E. 

Doyle, Executive Director, The Florida Bar, Tallahassee, Florida, 

and Kelly Noel Smith, Staff Liaison, The Florida Bar, Tallahassee, 

Florida,

for Petitioner

been served on the Committee Chair, the Honorable Stephen R. 

Jewett, Ninth Judicial Circuit of Florida, 425 North Orange Avenue, 

Suite 465-A, Orlando, Florida 32801, ctjusj2@ocnjcc.org, and on 

the Bar Staff Liaisons to the Committee, Elizabeth Clark Tarbert, 

651 East Jefferson Street, Tallahassee, Florida 32399-2300, 

etarbert@floridabar.org, and Kelly Smith, 651 East Jefferson Street, 

Tallahassee, Florida 32399-2300, ksmith@floridabar.org, as well as 

a separate request for oral argument if the person filing the 

comment wishes to participate in oral argument, which may be 

scheduled in this case. The Committee Chair has until August 15, 

2023, to file a response to any comments filed with the Court. If 

filed by an attorney in good standing with The Florida Bar, the 

comment must be electronically filed via the Florida Courts E-Filing 

Portal (Portal). If filed by a nonlawyer or a lawyer not licensed to 

practice in Florida, the comment may be, but is not required to be, 

filed via the Portal. Any person unable to submit a comment 

electronically must mail or hand-deliver the originally signed 

comment to the Florida Supreme Court, Office of the Clerk, 500 

South Duval Street, Tallahassee, Florida 32399-1927.
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APPENDIX

RULE 2.420. PUBLIC ACCESS TO AND PROTECTION OF 

JUDICIAL BRANCH RECORDS

(a) Scope and Purpose. Subject to the rulemaking power of 

the Florida Supreme Court provided by article V, section 2, Florida 

Constitution, the following rule shall governs public access to and 

the protection of the records of the judicial branch of government. 

The public shall havehas access to all records of the judicial branch 

of government, except as provided below. Access to all electronic 

and other court records shall beis governed by the Standards for 

Access to Electronic Court Records and Access Security Matrix, as 

adopted by the supreme court in Administrative Order AOSC14-19 

or the then-current Standards for Access. Remote access to 

electronic court records shall beis permitted in counties where the 

supreme court’s conditions for release of suchthose records are 

met. 

(b) Definitions.

(1) “Records of the judicial branch” are all records, 

regardless of physical form, characteristics, or means of 

transmission, made or received in connection with the transaction 

of official business by any judicial branch entity and consist of:

(A) [No Change]

(B) “administrative records,” which are all other 

records made or received pursuant tounder court rule, law, or 

ordinance, or in connection with the transaction of official business 

by any judicial branch entity.

(2) [No Change]

(3) “Custodian.” The custodian of all administrative 

records of any court is the chief justice or chief judge of that court, 

except that each justice or judge is the custodian of all records that 

are solely within the possession of that justice or judge. At the 

conclusion of service on a court, each justice or judge shallmust 
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deliver to the court’s chief justice or chief judge any records of the 

judicial branch in the possession of the departing justice or judge. 

As to all other records, the custodian is the official charged with the 

responsibility for the care, safekeeping, and supervision of such

records. All references to “custodian” mean the custodian or the 

custodian’s designee.

(4) “Confidential,” as applied to information contained 

within a record of the judicial branch, means that such information 

is exempt from the public right of access under article I, section 

24(a) of the Florida Constitution and may be released only to the 

persons or organizations designated by law, statute, or court order. 

As applied to information contained within a court record, the term 

“exempt” means that such information is confidential. Confidential 

information includes information that is confidential under this rule 

or under a court order entered pursuant tounder this rule. To the 

extent reasonably practicable, restriction of access to confidential 

information shall beis implemented in a manner that does not 

restrict access to any portion of the record that is not confidential.

(5)-(6) [No Change]

(c) Confidential and Exempt Records. The following 

records of the judicial branch shall beare confidential:.

(1) [No Change]

(2) Memoranda or advisory opinions that relate to the 

administration of the court and that require confidentiality to 

protect a compelling governmental interest, including, but not 

limited to, maintaining court security, facilitating a criminal 

investigation, or protecting public safety, which cannot be 

adequately protected by less restrictive measures. The degree, 

duration, and manner of confidentiality imposed shallmust be no 

broader than necessary to protect the compelling governmental 

interest involved, and a finding shall be made that no lessrestrictive measures are available to protect this interest must be 

made. The decision that confidentiality is required with respect to 

suchthese administrative memorandum or written advisory opinion 

shall beis made by the chief judge;
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(3) (A) [No Change]

(B) Complaints alleging misconduct against other 

entities or individuals licensed or regulated by the courts, until a 

finding of probable cause or no probable cause is established, 

unless otherwise provided. SuchThe finding should be made within 

the time limit set by law or rule. If no time limit is set, the finding 

should be made within a reasonable period of time;

(4) Periodic evaluations implemented solely to assist 

judges in improving their performance, all information gathered to 

form the bases for the evaluations, and the results generated 

therefrom;

(5) Only the names and qualifications of persons 

applying to serve or serving as unpaid volunteers to assist the 

court, at the court’s request and direction, shall beare accessible to 

the public. All other information contained in the applications by 

and evaluations of persons applying to serve or serving as unpaid 

volunteers shall beare confidential unless made public by court 

order based upon a showing of materiality in a pending court 

proceeding or upon a showing of good cause;

(6) Copies of arrest and search warrants and 

supporting affidavits retained by judges, clerks, or other court 

personnel until execution of saidthe warrants or until a 

determination is made by law enforcement authorities that 

execution cannot be made;

(7)-(10) [No Change]

(d) Procedures for Determining Confidentiality of Court 

Records.

(1) Except as provided in this subdivision (d)(1)(C), the 

clerk of the court shallmust designate and maintain the 

confidentiality of any information contained within a court record 

that is described in this subdivision (d)(1)(A) or (d)(1)(B) of this rule.
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(A) The clerk of the court shallmust maintain as 

confidential information described by any of subdivisions (c)(1) 

through (c)(67) of this rule;

(B) Except as provided by court order, the clerk of 

the court shallmust maintain as confidential information subject to 

subdivision (c)(78) or (c)(89) of this rule that is currently confidential 

or exempt from section 119.07, Florida Statutes, and article I, 

section 24(a) of the Florida Constitution as specifically stated in any 

of the following statutes or as they may be amended or renumbered:

(i)-(ii) [No Change]

(iii) Social Security, bank account, charge, 

debit, and credit card numbers. § 119.0714(1)(i)–(j), (2)(a)–(e), Fla. 

Stat. (Unless redaction is requested pursuant tounder § 

119.0714(2), Fla. Stat., this information is exempt only as of 

January 1, 2012.)

(iv)-(xiv) [No Change]

(xv) Guardianship reports, orders appointing 

court monitors, and orders relating to findings of no probable cause 

in guardianship cases, and documents related to the settlement of a 

minor’s claim or the settlement of a claim for a ward. §§ 744.1076,

744.3025, 744.3701, Fla. Stat.

(xvi)-(xxiii) [No Change]

(C) In civil cases, the clerk of the court shallis not be

required to designate and maintain information as confidential 

unless the filer follows the notice procedures set forth in 

subdivision (d)(2), the filer files a Motion to Determine 

Confidentiality of Court Records as set forth in subdivision (d)(3),

and the filing is deemed confidential by court order, or the case 

itself is confidential by law. “Civil cases” as used in this rule 

includes only civil case types in the circuit, county, or small claims 

courts (identified by the Court Type Designator CA, CC, and SC in 

the uniform case numbering system), except those case types listed 

as “Viewable on Request (VOR)” in the Standards for Access to 
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Electronic Court Records and Access Security Matrix, as adopted by 

the supreme court in Administrative Order AOSC14-19 or the thencurrent standards for access.

(2) The filer of any document containing confidential 

information described in subdivision (d)(1)(B) shallmust, at the time 

of filing, file with the clerk a “Notice of Confidential Information 

within Court Filing” in order to indicate that confidential 

information described in subdivision (d)(1)(B) of this rule is included 

within the document being filed and also indicate that either the 

entire document is confidential or identify the precise location of the 

confidential information within the document being filed. If an 

entire court file is maintained as confidential, the filer of a 

document in such athat file is not required to file the notice form. A 

form Notice of Confidential Information within Court Filing 

accompanies this rule. 

(A) If any document in a court file contains 

confidential information as described in subdivision (d)(1)(B), the 

filer, a party, or any affected non-party may file the Notice of 

Confidential Information within Court Filing if the document was 

not initially filed with a Notice of Confidential Information within 

Court Filing and the confidential information is not maintained as 

confidential by the clerk. The Notice of Confidential Information 

within Court Filing filed pursuant tounder this subdivision must 

also state the title and type of document, date of filing (if known), 

date of document, docket entry number, indicate that either the 

entire document is confidential or identify the precise location of the 

confidential information within the document, and provide any 

other information the clerk may require to locate the confidential 

information.

(B) The clerk of court shall reviews filings 

identified as containing confidential information to determine 

whether the purported confidential information is facially subject to 

confidentiality under subdivision (d)(1)(B). If the clerk determines 

that filed information is not subject to confidentiality under 

subdivision (d)(1)(B), the clerk shall notifynotifies the filer of the 

Notice of Confidential Information within Court Filing in writing 
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within 5 days of filing the notice and thereafter shall maintains the 

information as confidential for 10 days from the date suchthe

notification by the clerk is served. The information shallis not be

held as confidential for more than that 10-day period, unless a 

motion has been filed pursuant tounder subdivision (d)(3).

(3) The filer of a document with the court shallmust

ascertain whether any information contained within the document 

may be confidential under subdivision (c) of this rule 

notwithstanding that sucheven if the information is not itemized at 

subdivision (d)(1) of this rule. If the filer believes in good faith that 

information is confidential but is not described in subdivision (d)(1) 

of this rule, the filer shallmay request that the information be 

maintained as confidential by filing a “Motion to Determine 

Confidentiality of Court Records” under the procedures set forth in 

subdivision (e), (f), or (g), unless: 

(A) the filer is the only individual whose 

confidential information is included in the document to be filed or is 

the attorney representing all such individualsthe filer; and 

(B) [No Change]

(4) If a notice of confidential information is filed 

pursuant tounder subdivision (d)(2), or a motion is filed pursuant 

tounder subdivision (e)(1) or (g)(1) seeking to determine that 

information contained in court records is confidential, or a motion 

is filed pursuant tounder subdivision (e)(5) or (g)(5) seeking to 

vacate an order that has determined that information in a court 

record is confidential or seeking to unseal information designated 

as confidential by the clerk of court, then the person filing the 

notice or motion shallmust give notice of suchthat filing to any 

affected non-party. Notice pursuant tounder this provision must:

(A)-(C) [No Change]

(D) include the applicable statement that:

(i) in the case of a motion to determine 

confidentiality of court records, a statement that if the if a motion to 
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determine confidentiality of court records is denied then the subject 

material will not be treated as confidential by the clerk; and

(ii) in the case of a motion to unseal 

confidential records or a motion to vacate an order deeming records 

confidential, a statement that if the if a motion to unseal 

confidential records or vacate an order deeming records confidential 

is granted, the subject material will no longer be treated as 

confidential by the clerk.

Any notice described hereinin this subdivision must be served 

pursuant tounder subdivision (k), if applicable, together with the 

motion that gave rise to the notice in accordance with subdivision 

(e)(5) or (g)(5).

(5) Except when the entire court file is maintained as 

confidential, if If a judge, magistrate, or hearing officer files any 

document containing confidential information, the confidential 

information within the document must be identified as 

“confidential” and the title of the document must include the word 

“confidential.,” except when the entire court file is maintained as

confidential. The clerk must maintain the confidentiality of the 

identified confidential information. A copy of the document edited to 

omit the confidential information shallmust be provided to the clerk 

for filing and recording purposes.

(e) Request to Determine Confidentiality of Trial Court 

Records in Noncriminal Cases.

(1) A request to determine the confidentiality of trial 

court records in noncriminal cases under subdivision (c) must be 

made in the form of a written motion captioned “Motion to 

Determine Confidentiality of Court Records.” A motion made under 

this subdivision must:

(A) [No Change]

(B) specify the bases for determining that suchthe

court records are confidential without revealing confidential 

information; and
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(C) set forth the specific legal authority and any 

applicable legal standards for determining suchthe court records to 

be confidential without revealing confidential information.

(2) Any written motion made under this subdivision 

must include a signed certification by the party or the attorney for 

the party making the request that the motion is made in good faith 

and is supported by a sound factual and legal basis. Information 

that is the subject to suchof a motion under this subdivision must 

be treated as confidential by the clerk pending the court’s ruling on 

the motion. A response to a written motion filed under this 

subdivision may be served within 10 days of service of the motion. 

Notwithstanding any of the foregoing, the court may not determine 

that the case number, docket number, or other number used by the 

clerk’s office to identify the case file is confidential.

(23) Except when a motion filed under subdivision (e)(1) 

represents that all parties agree to all of the relief requested, the 

court must, as soon as practicable but no later than 30 days after 

the filing of a motion under this subdivision, hold a hearing before 

ruling on the motion. Whether or not any motion filed under 

subdivision (e)(1) is agreed to by the parties, the court may in its 

discretion hold a hearing on suchthe motion. Any hearing held 

under this subdivision must be an open proceeding, except that any 

person may request that the court conduct all or part of the hearing 

in camera to protect the interests set forth in subdivision (c). Any 

person may request expedited consideration of and ruling on the 

motion. The movant shall beis responsible for ensuring that a 

complete record of any hearing held pursuant tounder this 

subdivision is created, either by use of a court reporter or by any 

recording device that is provided as a matter of right by the court. 

The court may in its discretion require prior public notice of the 

hearing on such a motion in accordance with the procedure for 

providing public notice of court orders set forth in subdivision 

(e)(45) or by providing such other public notice as the court deems 

appropriate. The court must issue a ruling on the motion within 30 

days of the hearing.
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(34) Any order granting in whole or in part a motion filed 

under subdivision (e) must state the following with as much 

specificity as possible without revealing the confidential 

information:

(A)-(G) [No Change]

(H) that the clerk of the court is directed to 

publish the order in accordance with subdivision (e)(45).

(45) Except as provided by law or court rule, notice must 

be given of any written order granting in whole or in part a motion 

made under subdivision (e)(1) as follows:

(A) [No Change]

(B) the order must remain posted in both locations 

for no less than 30 days. This subdivision shalldoes not apply to 

orders determining that court records are confidential under 

subdivision (c)(7) or (c)(8).

(56) If a nonparty requests that the court vacate all or 

part of an order issued under subdivision (e) or requests that the 

court order the unsealing of records designated as confidential 

under subdivision (d), the request must be made by a written 

motion, filed in that court, that states with as much specificity as 

possible the bases for the motion. The motion must set forth the 

specific legal authority and any applicable legal standards 

supporting the motion. The movant must serve all parties and all 

affected non-parties with a copy of the motion. Except when a 

motion filed under this subdivision represents that all parties and 

affected non-parties agree to all of the relief requested, the court 

must, as soon as practicable but no later than 30 days after the 

filing of a motion under this subdivision, hold a hearing on the 

motion. Regardless of whether any motion filed under this 

subdivision is agreed to by the parties and affected non-parties, the 

court may in its discretion hold a hearing on such motion. Any 

person may request expedited consideration of and ruling on the 

motion. Any hearing held under this subdivision must be an open 

proceeding, except that any person may request that the court 
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conduct all or part of the hearing in camera to protect the interests 

set forth in subdivision (c). The court must issue a ruling on the 

motion within 30 days of the hearing. The movant shall beis

responsible for ensuring that a complete record of any hearing held 

under this subdivision be created, either by use of a court reporter 

or by any recording device that is provided as a matter of right by 

the court. This subdivision shalldoes not apply to orders 

determining that court records are confidential under subdivision 

(c)(7) or (c)(8).

(f) Request to Determine Confidentiality of Court 

Records in Criminal Cases.

(1) Subdivisions (e) and (h) shall apply to any motion by 

the state, a defendant, or an affected non-party to determine the 

confidentiality of trial court records in criminal cases under 

subdivision (c), except as provided in subdivision (f)(3). As to any 

motion filed in the trial court under subdivision (f)(3), the following 

procedure shall applyapplies:

(A) Unless the motion represents that the state, 

defendant(s), and all affected non-parties subject to the motion 

agree to all of the relief requested, theThe court must hold a hearing 

on the motion filed under this subdivision within 15 days of the 

filing of the motion, unless the motion represents that the state, 

defendant(s), and all affected non-parties subject to the motion 

agree to all of the relief requested. Any hearing held under this 

subdivision must be an open proceeding, except that any person 

may request that the court conduct all or part of the hearing in 

camera to protect the interests set forth in subdivision (c)(9)(A).

(B) The court shallmust issue a written ruling on a 

motion filed under this subdivision within 10 days of the hearing on 

a contested motion or within 10 days of the filing of an agreed 

motion.

(2) Subdivision (g) shall applyies to any motion to 

determine the confidentiality of appellate court records under 

subdivision (c), except as provided in subdivision (f)(3). As to any 
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motion filed in the appellate court under subdivision (f)(3), the 

following procedure shall applyapplies:

(A)-(B) [No Change]

(C) The court shallmust issue a written ruling on a 

motion filed under this subdivision within 10 days of the filing of a 

response on a contested motion or within 10 days of the filing of an 

uncontested motion.

(3) Any motion to determine whether a court record 

that pertains to a plea agreement, substantial assistance 

agreement, or other court record that reveals the identity of a 

confidential informant or active criminal investigative information is 

confidential under subdivision (c)(9)(A)(i), (c)(9)(A)(iii), (c)(9)(A)(v), or 

(c)(9)(A)(vii) of this rule may be made in the form of a written motion 

captioned “Motion to Determine Confidentiality of Court Records.” 

Any motion made pursuant tounder this subdivision must be 

treated as confidential and indicated on the docket by generic title 

only, pending a ruling on the motion or further order of the court. 

As to any motion made under this subdivision, the following 

procedure shall applyapplies:

(A) Information that is the subject of suchthe

motion must be treated as confidential by the clerk pending the 

court’s ruling on the motion. Filings containing the information 

must be indicated on the docket in a manner that does not reveal 

the confidential nature of the information.

(B) The provisions of subdivisions (e)(34)(A)–(G), 

(g)(7), (h), and (j), shall apply to motions made under this 

subdivision. The provisions of subdivisions (e)(1), (e)(23), (e)(34)(H), 

(e)(45), and (e)(56) shalldo not apply to motions made under this 

subdivision.

(C) No order entered under this subdivision may 

authorize or approve the sealing of court records for any period 

longer than is necessary to achieve the objective of the motion, and 

in no event longer than 120 days. Extensions of an order issued 

hereunder this subdivision may be granted for 60–day periods, but 
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each such extension may be ordered only upon the filing of another 

motion in accordance with the procedures set forth under this 

subdivision. In the event of an appeal or review of a matter in which 

an order is entered under this subdivision, the lower tribunal 

shallmust retain jurisdiction to consider motions to extend orders 

issued hereunder this subdivision during the course of the appeal 

or review proceeding.

(D) The clerk of the court shallmust not publish 

any order of the court issued hereunder this subdivision in 

accordance with subdivision (e)(45) or (g)(4) unless directed by the 

court. The docket shallmust indicate only the entry of the order.

(4) [No Change]

(g) Request to Determine Confidentiality of Appellate 

Court Records in Noncriminal Cases.

(1) Subdivision (e)(1) shall applyies to any motion filed 

in the appellate court to determine the confidentiality of appellate 

court records in noncriminal cases under subdivision (c). Such a 

motion may be made with respect to a record that was presented or 

presentable to a lower tribunal, but no determination concerning 

confidentiality was made by the lower tribunal, or a record 

presented to an appellate court in an original proceeding.

(2) A response to a motion filed under subdivision (g)(1) 

may be served within 10 days of service of the motion. The court 

shallmust issue a written ruling on a written motion filed under this 

subdivision within 30 days of the filing of a response on a contested 

motion or within 30 days of the filing of an uncontested written 

motion.

(3) Any order granting in whole or in part a motion filed 

under subdivision (g)(1) must be in compliance with the guidelines 

set forth in subdivisions (e)(34)(A)–(e)(34)(H). Any order requiring the 

sealing of an appellate court record operates to also make those 

same records confidential in the lower tribunal during the pendency 

of the appellate proceeding.
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(4) Except as provided by law, within 10 days following 

the entry of an order granting a motion under subdivision (g)(1), the 

clerk of the appellate court must post a copy of the order on the 

clerk’s website and must provide a copy of the order to the clerk of 

the lower tribunal, with directions that the clerk of the lower 

tribunal shallmust seal the records identified in the order. The 

order must remain posted by the clerk of the appellate court for no 

less than 30 days. 

(5)-(6) [No Change]

(7) UponOn conclusion of the appellate proceeding, the 

lower tribunal may, upon appropriate motion showing changed 

circumstances, revisit the appellate court’s order directing that the 

records be sealed.

(8) Records of a lower tribunal determined to be 

confidential by that tribunal must be treated as confidential during 

any review proceedings. In any case where information has been 

determined to be confidential under this rule, the clerk of the lower 

tribunal shallmust so indicate that in the index transmitted to the 

appellate court. If the information was determined to be confidential 

in an order, the clerk’s index must identify suchthe order by date or 

docket number. This subdivision does not preclude review by an 

appellate court, under Florida Rule of Appellate Procedure 9.100(d), 

or affect the standard of review by an appellate court, of an order by 

a lower tribunal determining that a court record is confidential.

(h) Oral Motions to Determine Confidentiality of Trial 

Court Records.

(1) Notwithstanding the written notice requirements of 

subdivision (d)(2) and written motion requirements of subdivisions 

(d)(3), (e)(1), and (f), the movant may make an oral motion to 

determine the confidentiality of trial court records under 

subdivision (c), provided:

(A)-(D) [No Change]
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(E) except for oral motions under subdivision (f)(3), 

the provisions of subdivision (e)(23) shall apply to the oral motion, 

procedure and hearing; 

(F) the provisions of subdivision (f)(1)(A) and 

(f)(1)(B) and (f)(3) shall apply to any oral motion under subdivision 

(f)(3); and

(G) [No Change]

(2) The court may deny any oral motion made pursuant 

tounder subdivision (h)(1) if the court finds that that movant had 

the ability to timely comply with the written notice requirements in 

subdivision (d) or the written motion requirements of subdivision 

(d)(3), (e)(1), or (f), as applicable, or the movant failed to provide 

adequate notice to the parties and affected non-parties of the 

confidentiality issues to be presented to the court.

(3) Until the court renders a decision regarding the 

confidentiality issues raised in any oral motion, all references to 

purported confidential information as set forth in the oral motion 

shallmust occur in a manner that does not allow public access to 

such information. 

(4) If the court grants in whole or in part any oral 

motion to determine confidentiality, the court shallmust issue a 

written order that does not reveal the confidential information and 

complies with the applicable subdivision of this rule as follows:

(A) For any oral motion under subdivision (e) or 

(f)(1), except subdivisions (f)(1)(A) and (f)(1)(B), the written order 

must be issued within 30 days of the hearing and must comply with 

subdivision (e)(34).

(B) [No Change]

(i) Sanctions. After notice and an opportunity to respond, 

and upon determining that a motion, filing, or other activity 

described below was not made in good faith and was not supported 

by a sound legal or factual basis, the court may impose sanctions 
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against any party or non-party and/or their attorney, if that party 

or non-party and/or their attorney, in violation of the applicable 

provisions of this rule:

(1)-(6) [No Change] 

Nothing in this subdivision is intended to limit the authority of 

a court to enforce any court order entered pursuant tounder this 

rule. 

(j) Procedure for Obtaining Access to Confidential Court 

Records. 

(1)-(4) [No Change]

(5) The filer of confidential court records, that filer’s 

attorney of record, or that filer’s agent as authorized by that filer in 

writing may obtain access to such confidential records pursuant 

tounder this subdivision. 

(6) Unless otherwise provided, an order granting access 

to confidential court records under this subdivision shalldoes not 

alter the confidential status of the record. 

(k) Procedure for Service on Victims and Affected Nonparties and When Addresses Are Confidential. 

(1) In criminal cases, when the defendant is required 

tomust serve any notice or motion described in this rule on an 

alleged victim of a crime, service shallmust be on the state attorney, 

who shallmust send or forward the notice or motion to the alleged 

victim.

(2) Except as set forth in subdivision (k)(1), when 

serving any notice or motion described in this rule on any affected 

non-party whose name or address is not confidential, the filer or 

movant shallmust use reasonable efforts to locate the affected nonparty and may serve suchthe affected non-party by any method set 

forth in Florida Rule of General Practice and Judicial 

Administration 2.516. 
- 19 -

(3) Except as set forth in subdivision (k)(1), when 

serving any notice or motion described in this rule and the name or 

address of any party or affected non-party is confidential, the filer 

or movant must state prominently in the caption of the notice or 

motion “Confidential Party or Confidential Affected Non-Party —

Court Service Requested.” When a notice or motion so designated is 

filed, the court shall beis responsible for providing a copy of the 

notice or motion to the party or affected non-party, by any method 

permitted in Florida Rule of General Practice and Judicial 

Administration 2.516, in such a way as to not reveal the 

confidential information. 

(l) Denial of Access Request for Administrative Records.

Expedited review of denials of access to administrative records of 

the judicial branch shallmust be provided through an action for 

mandamus or other appropriate relief, in the following manner: 

(1) When a judge who has denied a request for access 

to records is the custodian, the action shallmust be filed in the 

court having appellate jurisdiction to review the decisions of the 

judge denying access. UpOn order issued by the appellate court, the 

judge denying access to records shallmust file a sealed copy of the 

requested records with the appellate court. 

(2) All other actions under this rule shallmust be filed 

in the circuit court of the circuit in which such denial of access 

occurs. 

(m) Procedure for Public Access to Judicial Branch 

Records. Requests and responses to requests for access to records 

under this rule shallmust be made in a reasonable manner. 

(1) Requests for access to judicial branch records 

shallmust be in writing and shallmust be directed to the custodian. 

The request shallmust provide sufficient specificity to enable the 

custodian to identify the requested records. The reason for the 

request is not required to be disclosed. 

(2) The custodian shall beis solely responsible for 

providing access to the records of the custodian’s entity. The 
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custodian shallmust determine whether the requested record is 

subject to this rule and, if so, whether the record or portions of the 

record are exempt from disclosure. The custodian shallmust

determine the form in which the record is provided. If the request is 

denied, the custodian shallmust state in writing the basis for the 

denial. 

(3) Fees for copies of records in all entities in the 

judicial branch of government, except for copies of court records, 

shallmust be the same as those provided in section 119.07, Florida 

Statutes.

Committee Note

1995 Amendment. This rule was adopted to conform to the 

1992 addition of article I, section 24, to the Florida Constitution. 

Amendments to this rule were adopted in response to the 1994 

recommendations of the Study Committee on Confidentiality of 

Records of the Judicial Branch.

Subdivision (b) has been added by amendment and provides a 

definition of “judicial records” that is consistent with the definition 

of “court records” contained in rule 2.075(a)(1) [renumbered as 

2.430(a)(1) in 2006] and the definition of “public records” contained 

in chapter 119, Florida Statutes. The word “exhibits” used in this 

definition of judicial records is intended to refer only to 

documentary evidence and does not refer to tangible items of 

evidence such as firearms, narcotics, etc. Judicial records within 

this definition include all judicial records and data regardless of the 

form in which they are kept. Reformatting of information may be 

necessary to protect copyrighted material. Seigle v. Barry, 422 So. 

2d 63 (Fla. 4th DCA 1982), review denied, 431 So. 2d 988 (Fla. 

1983).

The definition of “judicial records” also includes official 

business information transmitted via an electronic mail (e-mail) 

system. The judicial branch is presently experimenting with this 

new technology. For example, e-mail is currently being used by the 

judicial branch to transmit between judges and staff multiple 

matters in the courts including direct communications between 
- 21 -

judges and staff and other judges, proposed drafts of opinions and 

orders, memoranda concerning pending cases, proposed jury 

instructions, and even votes on proposed opinions. All of this type 

of information is exempt from public disclosure under rules 

2.051(c)(1) and (c)(2) [renumbered as 2.420(c)(1) and (c)(2) in 2006]. 

With few exceptions, these examples of e-mail transmissions are 

sent and received between judicial officials and employees within a 

particular court’s jurisdiction. This type of e-mail is by its very 

nature almost always exempt from public record disclosure 

pursuant tounder rule 2.051(c). In addition, official business e-mail 

transmissions sent to or received by judicial officials or employees 

using dial-in equipment, as well as the use of on-line outside 

research facilities such as Westlaw, would also be exempt e-mail 

under rule 2.051(c). On the other hand, we recognize that not all email sent and received within a particular court’s jurisdiction will 

fall into an exception under rule 2.051(c). The fact that a nonexempt e-mail message made or received in connection with official 

court business is transmitted intra-court does not relieve judicial 

officials or employees from the obligation of properly having a 

record made of such messages so they will be available to the public 

similar to any other written communications. It appears that official 

business e-mail that is sent or received by persons outside a 

particular court’s jurisdiction is largely non-exempt and is subject 

to recording in some form as a public record. Each court should 

develop a means to properly make a record of non-exempt official 

business e-mail by either electronically storing the mail or by 

making a hard copy. It is important to note that, although official 

business communicated by e-mail transmissions is a matter of 

public record under the rule, the exemptions provided in rule 

2.051(c) exempt many of these judge/staff transmissions from the 

public record. E-mail may also include transmissions that are 

clearly not official business and are, consequently, not required to 

be recorded as a public record. Each court should also publish an 

e-mail address for public access. The individual e-mail addresses of 

judicial officials and staff are exempt under rule 2.051(c)(2) to 

protect the compelling interests of maintaining the uninterrupted 

use of the computer for research, word-processing, preparation of 

opinions, and communication during trials, and to ensure computer 

security.
- 22 -

Subdivision (c)(3) was amended by creating subparts (a) and 

(b) to distinguish between the provisions governing the 

confidentiality of complaints against judges and complaints against 

other individuals or entities licensed or regulated by the Supreme 

Court.

Subdivision (c)(5) was amended to make public the 

qualifications of persons applying to serve or serving the court as 

unpaid volunteers such as guardians ad litem, mediators, and 

arbitrators and to make public the applications and evaluations of 

such persons upon a showing of materiality in a pending court 

proceeding or upon a showing of good cause.

Subdivision (c)(9) has also been amended. Subdivision (c)(9) 

was adopted to incorporate the holdings of judicial decisions 

establishing that confidentiality may be required to protect the 

rights of defendants, litigants, or third parties; to further the 

administration of justice; or to otherwise promote a compelling 

governmental interest. Barron v. Florida Freedom Newspapers, Inc., 

531 So. 2d 113 (Fla.1988); Miami Herald Publishing Co. v. Lewis, 

426 So. 2d 1 (Fla.1982). Such confidentiality may be implemented 

by court rule, as well as by judicial decision, where necessary for 

the effective administration of justice. See, e.g., Fla.R.Crim.P. 3.470, 

(Sealed Verdict); Fla.R.Crim.P. 3.712, (Presentence Investigation 

Reports); Fla.R.Civ.P. 1.280(c), (Protective Orders).

Subdivision (c)(9)(D) requires that, except where otherwise 

provided by law or rule of court, reasonable notice shall be given to 

the public of any order closing a court record. This subdivision is 

not applicable to court proceedings. Unlike the closure of court 

proceedings, which has been held to require notice and hearing 

prior tobefore closure, see Miami Herald Publishing Co. v. Lewis, 

426 So. 2d 1 (Fla.1982), the closure of court records has not 

required prior notice. Requiring prior notice of closure of a court 

record may be impractical and burdensome in emergency 

circumstances or when closure of a court record requiring 

confidentiality is requested during a judicial proceeding. Providing 

reasonable notice to the public of the entry of a closure order and 

an opportunity to be heard on the closure issue adequately protects 

the competing interests of confidentiality and public access to 
- 23 -

judicial records. See Florida Freedom Newspapers, Inc. v. Sirmons, 

508 So. 2d 462 (Fla. 1st DCA 1987), approved, Barron v. Florida 

Freedom Newspapers, Inc., 531 So. 2d 113 (Fla.1988); State ex rel. 

Tallahassee Democrat v. Cooksey, 371 So. 2d 207 (Fla. 1st DCA 

1979). Subdivision (c)(9)(D), however, does not preclude the giving 

of prior notice of closure of a court record, and the court may elect 

to give prior notice in appropriate cases.

2002 Court Commentary-2007 Court Commentary

[No Change]

2007 Committee Commentary

[No Change]

APPENDIX TO RULE 2.420 

IN THE .....(NAME OF 

COURT).....,

FLORIDA 

CASE NO.: ..........

Plaintiff/Petitioner,

v.

Defendant/Respondent.

/

NOTICE OF CONFIDENTIAL INFORMATION 

WITHIN COURT FILING

Pursuant toUnder Florida Rule of General Practice and 

Judicial Administration 2.420(d)(2), I hereby certify:
- 24 -

( )(1) I am filing herewith athe attached document containing 

confidential information as described in Rule 2.420(d)(1)(B) and 

that:

(a) The title/type of document is , and:

(b)( ) the entire document is confidential, or

( ) the confidential information within the document is 

precisely located at: .

OR

( )(2) A document was previously filed in this case that 

contains confidential information as described in Rule 

2.420(d)(1)(B), but a Notice of Confidential Information within Court 

Filing was not filed with the document and the confidential 

information was not maintained as confidential by the clerk of the 

court. I hereby notify the clerk that this confidential information is 

located as follows:

(a) Title/type of document: ;

(b) Date of filing (if known): ;

(c) Date of document: ;

(d) Docket entry number: ;

(e) ( ) Entire document is confidential, or

( ) Precise location of confidential information in document: 

. 

Filer’s Signature
- 25 -

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing was furnished by 

(e-mail) (delivery) (mail) (fax) on: (All parties and Affected NonParties. Note: If the name or address of a Party or Affected NonParty is confidential DO NOT include such information in this 

Certificate of Service. Instead, serve the State Attorney or request 

Court Service. See Rule 2.420(k)) , on , 

20 .

Name ..........

Address ..........

Phone ..........

Florida Bar No. (if 

applicable)..........

E-mail address ..........

Note: The clerk of court shallmust review filings identified as 

containing confidential information to determine whether the 

information is facially subject to confidentiality under subdivision 

(d)(1)(B). The clerk shallmust notify the filer in writing within 5 

days if the clerk determines that the information is NOT subject to 

confidentiality, and the records shallmust not be held as 

confidential for more than 10 days, unless a motion is filed 

pursuant tounder subdivision (d)(3) of the Rule. Fla. R. Gen. Prac. 

& Jud. Admin. 2.420(d)(2).

RULE 2.533. OATHS AND AFFIRMATIONS IN COURT

Oaths and affirmations to jurors and witnesses in court may 

be administered by or before:

(a) any judge, clerk, or deputy clerk of any court within this 

state; or

(b) any person authorized to administer oaths in the State of 

Florida.