Supreme Court of Florida

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No. SC20-1128

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IN RE: AMENDMENTS TO FLORIDA RULE OF GENERAL 

PRACTICE AND JUDICIAL ADMINISTRATION 2.423.

November 18, 2021

PER CURIAM.

This matter is before the Court for consideration of proposed 

amendments to the Florida Rules of General Practice and Judicial 

Administration. See Fla. R. Gen. Prac. & Jud. Admin. 2.140(f)(1). 

We have jurisdiction.1

In response to a referral by the Court, The Florida Bar’s Rules 

of General Practice and Judicial Administration Committee

coordinated an Ad Hoc Joint Rules Subcommittee (Ad Hoc 

Subcommittee) and filed a joint report proposing new Florida Rule 

of General Practice and Judicial Administration 2.423 (“Marsy’s 

Law” Crime Victim Information Within Court Filing) in response to 

1. See art. V, § 2(a), Fla. Const.
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the recent victims’ rights constitutional amendment known as 

Marsy’s Law. See art. I, § 16(b), Fla. Const. The Ad Hoc 

Subcommittee and The Florida Bar Board of Governors 

unanimously approved the rule proposal. After the report was filed 

with the Court, the Court published the proposals for comment, 

and two comments were received.

After reviewing the proposal, considering the comments and 

response filed, and having had the benefit of oral argument, we 

adopt new rule 2.423 with modifications.

First, new subdivision (a) (Scope and Purpose) outlines the 

procedural authority for the confidentiality of crime victim 

information in “the records of the judicial branch of government in 

criminal and juvenile justice cases.” 

Next, new subdivision (b) (Definitions) provides specific 

definitions for the terms “confidential crime victim information,” 

“crime,” “criminal,” and “victim.”

Additionally, new subdivision (c) (Confidential and Exempt 

Records) references rule 2.420(c)(9) and states that “confidential 

crime victim information is determined to be confidential on the 
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grounds that confidentiality is required to comply with the Florida 

Constitution.”

Also, new subdivision (d) (Procedure for Identifying 

Confidential Crime Victim Information in Criminal and Juvenile 

Court Records) provides a procedure for identifying the documents 

and information subject to protection. However, we add the word 

“prominently” between “shall” and “indicate” in subdivision (d)(1), as 

suggested by the Florida Court Clerks and Comptrollers, to require 

the filer of an initial charging document to prominently indicate the 

existence of confidential crime victim information in court records.

Further, we decline to adopt proposed subdivision (e)

(Duration of Confidentiality).

Last, Appendix A (Notice of Confidential Crime Victim 

Information within Court Filing) is a sample form that can be used 

to identify confidential information within an attached document or 

a document that has already been filed without such a form.

Accordingly, the Florida Rules of General Practice and Judicial 

Administration are amended as reflected in the appendix to this 

opinion. New language is indicated by underscoring. The 
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amendments shall take effect immediately upon release of this 

opinion.

It is so ordered.

POLSTON, LABARGA, LAWSON, MUÑIZ, COURIEL, and 

GROSSHANS, JJ., concur.

CANADY, C.J., concurs in part and dissents in part with an 

opinion.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER 

THE EFFECTIVE DATE OF THESE AMENDMENTS.

CANADY, C.J., concurring in part and dissenting in part.

I concur with the proposed rule amendments with one 

exception. I would revise the definition of “confidential crime victim 

information” in subdivision (b)(1) to track the provision of article I, 

section 16(b)(5) of the Florida Constitution, which establishes: “The 

right to prevent the disclosure of information or records that could 

be used to locate or harass the victim or the victim’s family, or 

which could disclose confidential or privileged information of the 

victim.” (Emphasis added.) By establishing a “right to prevent” 

disclosure, the constitutional provision indicates that action must 

be taken by the victim to assert the right. At the end of the 

definition of “confidential crime victim information,” I therefore 
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would add the following phrase: “if the victim has asserted the right 

to prevent disclosure of such information.”

Original Proceeding – Florida Rule of General Practice and Judicial 

Administration

Stanford R. Solomon, Chair, Florida Rules of General Practice and 

Judicial Administration Committee, Tampa, Florida, and Michael 

Jeffrey Korn, Past Chair, Florida Rules of General Practice and 

Judicial Administration Committee, Jacksonville, Florida; Michael 

W. Schmid, Chair, Ad Hoc Joint Subcommittee, Tampa, Florida; 

and Joshua E. Doyle, Executive Director, and Krys Godwin, Staff 

Liaison, The Florida Bar, Tallahassee, Florida,

for Petitioner

Carol Jean LoCicero and Mark R. Caramanica of Thomas & 

LoCicero PL, on behalf of News Media Coalition, Tampa, Florida; 

and Tara S. Green, on behalf of Florida Court Clerks and 

Comptrollers, Green Springs, Florida, and Laura E. Roth, on behalf 

of Florida Court Clerks and Comptrollers, DeLand, Florida,

Responding with comments
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APPENDIX

RULE 2.423. “MARSY’S LAW” CRIME VICTIM INFORMATION 

WITHIN COURT FILING

(a) Scope and Purpose. As provided by article I, section 16 

of the Florida Constitution, known as “Marsy’s Law,” the following 

rule shall govern public access to and the protection of the records 

of the judicial branch of government in criminal and juvenile justice 

cases as it pertains to confidential crime victim information. This 

rule shall be interpreted to be consistent with the scope and 

purpose of rule 2.420. 

(b) Definitions.

(1) “Confidential crime victim information” means any 

information contained within a court record that could be used to 

locate or harass the victim or the victim’s family, or which could 

disclose confidential or privileged information of the victim.

(2) “Crime” and “criminal” include delinquent acts and 

conduct. 

(3) A “victim” is a person who suffers direct or 

threatened physical, psychological, or financial harm as a result of 

the commission or attempted commission of a crime or delinquent 

act or against whom the crime or delinquent act is committed. The 

term “victim” includes the victim’s lawful representative, the parent 

or guardian of a minor victim, or the next of kin of a homicide 

victim, except upon a showing that the interest of such individual 

would be in actual or potential conflict with the interests of the 

victim. The term “victim” does not include the accused. 

(c) Confidential and Exempt Records. In accordance with 

rule 2.420(c)(9), confidential crime victim information is determined 

to be confidential on the grounds that confidentiality is required to 

comply with the Florida Constitution.

(d) Procedure for Identifying Confidential Crime Victim 

Information in Criminal and Juvenile Court Records.
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(1) The filer of an initial charging document shall 

prominently indicate the existence of confidential crime victim 

information pursuant to article I, section 16 of the Florida 

Constitution. If the filer indicates the existence of confidential 

crime victim information, the clerk of the court shall designate and 

maintain the confidentiality of any such information contained 

within the initial charging document.

(2) Except as provided under subdivision (d)(1), the filer 

of any document with the court under subdivision (d) shall 

ascertain whether it contains any confidential crime victim 

information. If the filer believes in good faith that information is 

confidential, the filer shall request that the information be 

maintained as confidential by contemporaneously filing a “Notice of 

Confidential Crime Victim Information within Court Filing.” 

(3) A crime victim, the filer, a party, or any affected 

nonparty may file a Notice of Confidential Crime Victim Information 

within Court Filing at any time. 

(4) Filers of subsequent court filings shall limit the 

presence of crime victim identifying information in accordance with 

rule 2.425(a)(3) or file a Notice of Crime Victim Information within 

Court Filing with each subsequent court filing that contains 

confidential crime victim information. 

(5) A Notice of Confidential Crime Victim Information 

within Court Filing:

(A) Shall identify the precise location of the 

confidential information within the document being filed. 

(B) Shall be confidential to the extent it contains 

crime victim information pursuant to article I, section 16.

(C) Shall not be required when an entire case file 

is maintained as confidential.

(D) A form shall accompany this rule. 
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(6) If a Notice of Crime Victim Information within Court 

Filing is filed, the clerk of court shall review the filing identified as 

containing confidential crime victim information to determine 

whether the purported confidential information is facially subject to 

confidentiality under article I, section 16(b)(5) of the Florida 

Constitution. 

(A) The clerk of the court shall designate and 

maintain the confidentiality of any such information contained 

within a court record.

(B) If the clerk determines that the information is 

not confidential, the clerk shall notify the filer in writing within 5 

days of filing the notice and thereafter shall maintain the 

information as confidential for 10 days from the date such 

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

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

motion has been filed pursuant to rule 2.420(d)(3).

APPENDIX A

NOTICE OF CONFIDENTIAL CRIME VICTIM INFORMATION

WITHIN COURT FILING

Pursuant to Florida Rule of General Practice and Judicial 

Administration 2.423, I hereby certify:

( ) (1) I am filing a document containing confidential crime 

victim information as described in rule 2.423(b)(1) and that:

(a) The title/type of the document is _________________,

and;

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

( ) the confidential information within the 

document is precisely located at: ________________________________.

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

contains confidential crime victim information as described in rule 

2.423(b)(1), but a Notice of Confidential Crime Victim 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 information is 

located as follows:

(a) Title/type of document: ___________________________;

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

(c) Date of document: ________________________________;

(d) Docket entry number: ____________________________;

and either:

( ) Entire document is confidential, or 

( ) The precise location of the confidential crime victim 

information is: ___________________________________________________.

______________________________

Filer’s Signature

CERTIFICATE OF SERVICE

I certify that the foregoing document has been furnished to 

(here insert names or names, addresses used for service, and 

mailing addresses) by (portal) (e-mail) (delivery) (mail) on ....(date).... 

[See Note 1].

Name: 

______________________________
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Address: 

______________________________

Phone: 

______________________________

Florida Bar No. (if applicable) 

______________________________

E-mail address: 

______________________________

Note 1: If the name or address of a Party or Affected Nonparty is 

confidential DO NOT include such information in the Certificate of 

Service. Instead, serve the State Attorney or request Court Service 

as described under rule 2.420(k).

Note 2: The clerk of the court shall review filings identified as 

containing confidential crime victim information to determine 

whether the information is facially subject to confidentiality under 

rule 2.423(d)(6). As provided under rule 2.423(d)(6)(B), the clerk 

shall notify the filer in writing within 5 days if the clerk determines 

that the information is not subject to confidentiality, and the 

records shall not be held as confidential for more than 10 days, 

unless a motion is filed pursuant to rule 2.420(d)(3).