Supreme Court of Florida

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No. SC19-1049

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IN RE: AMENDMENTS TO FLORIDA RULE OF JUDICIAL 

ADMINISTRATION 2.420.

June 27, 2019

PER CURIAM.

In response to recent legislation, the Court, on its own motion, amends 

Florida Rule of Judicial Administration 2.420(d) (Procedures for Determining 

Confidentiality of Court Records) to add two new categories of information in 

court records that the clerk of court must designate and maintain as confidential 

under rule 2.420(d)(1)(B). See Fla. R. Jud. Admin. 2.140(d). We have 

jurisdiction. See art. V, § 2(a), Fla. Const.

The Court amends rule 2.420(d)(1)(B)(viii) to add “all petitions, court 

orders, and related records under the Baker Act” as a category of court records that 

the clerk must designate and maintain as confidential under the rule. This 

amendment is in response to newly enacted section 394.464, Florida Statutes, 

which makes such Baker Act records confidential. See ch. 2019-51, §§ 1-2, Laws 
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of Fla. (creating § 394.464 (Court records; confidentiality), Fla. Stat., effective July 

1, 2019).

In response to the addition of subsection 3 to section 119.0714(1)(k), Florida 

Statutes (2018), the Court adds new subdivision (xxiii) to rule 2.420(d)(1)(B). The 

new subdivision lists “[i]nformation that can be used to identify a petitioner or 

respondent in a petition for an injunction against domestic violence, repeat 

violence, dating violence, sexual violence, stalking, or cyberstalking, and any 

affidavits, notice of hearing, and temporary injunction until the respondent has 

been personally served with a copy of the petition for injunction, affidavits, notice 

of hearing, and temporary injunction.” See ch. 2019-39, §§ 1, 3, Laws of Fla.

(amending § 119.0714(1)(k), Fla. Stat., effective July 1, 2019).

Accordingly, the Florida Rules of Judicial Administration are amended,

as reflected in the appendix to this opinion. New language is indicated by 

underscoring, and deleted language is indicated by struck-through type. The 

amendments shall become effective July 1, 2019, 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.1

 

1. All comments must be filed with the Court on or before September 10, 

2019, with 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. If 
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It is so ordered.

CANADY, C.J., and POLSTON, LABARGA, LAWSON, LAGOA, LUCK, and 

MUÑIZ, JJ., concur.

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE 

EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Rules of Judicial Administration

 

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) in accordance 

with In re Electronic Filing in the Supreme Court of Florida via the Florida 

Courts E-Filing Portal, Fla. Admin. Order No. AOSC13-7 (Feb. 18, 2013). 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. Comments filed via the 

Portal must be submitted in Microsoft Word 97 or higher. See In re Electronic 

Filing in the Florida Supreme Court, Fla. Admin. Order No. AOSC17-27 (May 9, 

2017). Any person unable to submit a comment electronically must mail or handdeliver the originally signed comment to the Florida Supreme Court, Office of the 

Clerk, 500 South Duval Street, Tallahassee, Florida 32399-1927; no additional 

copies are required or will be accepted.
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APPENDIX

RULE 2.420. PUBLIC ACCESS TO AND PROTECTION OF 

JUDICIAL BRANCH RECORDS

(a) – (c) [No Change]

(d) Procedures for Determining Confidentiality of Court Records.

(1) The clerk of the court shall designate and maintain the 

confidentiality of any information contained within a court record that is described 

in subdivision (d)(1)(A) or (d)(1)(B) of this rule. The following information shall 

be maintained as confidential:

(A) [No Change]

(B) except as provided by court order, information subject to 

subdivision (c)(7) or (c)(8) 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) – (vii) [No Change]

(viii) Clinical records under the Baker Act., §

394.4615(7), Fla. Stat., and all petitions, court orders, and related records under the 

Baker Act, § 394.464, Fla. Stat.

(ix) – (xxii) [No Change]

(xxiii) Information that can be used to identify a 

petitioner or respondent in a petition for an injunction against domestic violence, 

repeat violence, dating violence, sexual violence, stalking, or cyberstalking, and 

any affidavits, notice of hearing, and temporary injunction until the respondent has 

been personally served with a copy of the petition for injunction, affidavits, notice 

of hearing, and temporary injunction. § 119.0714(1)(k)3., Fla. Stat.

(2) – (5) [No Change]

(e) – (m) [No Change]
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Committee Note

[No Change]

2002 – 2007 Court Commentary

[No Change]

APPENDIX TO RULE 2.420

[No Change]