A common error in redacting information is to use the wrong method to redact the electronic file. If, however, the information is included in exhibits, you can use redaction tools available online to redact the document. It is best to simply not include the confidential information in the filing. or the case itself is confidential by law.' (emphasis added).the filing is deemed confidential by court order.the filer files a Motion to Determine Confidentiality of Court Records pursuant to Florida Rule of Judicial Administration 2.420(d)(3).the filer of the confidential information or document files a Notice of Confidential Information within Court Filing pursuant to Florida Rule of Judicial Administration 2.420(d)(2).Thus, in Circuit Civil, County Civil and Small Claims cases (except those case types that are listed in the Viewable on Request in the Standards for Access to Electronic Court Records and Access Security Matrix), the Clerk will 'designate information or documents as confidential only when:
Instead, that this the sole responsibility of the filer'. The opinion holds that 'in certain civil cases, the clerk of court does not have an independent responsibility to identify and designate information as confidential. On January 21, 2021, the Florida Supreme Court issued Opinion 20-1765, which amended Rule of General Practice and Judicial Administration 2.420 effective July 1, 2021.
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Note, pursuant to the Florida Supreme Court Opinion 20-1128 adopting Florida Rule of General Practice and Judicial Administration 2.423, Criminal and juvenile court filings that contain confidential crime victim information must be accompanied by a Notice of Confidential Crime Victim Information within Court Filing (Marsy's Law).įor more information, see below or view the full frequently asked questions (FAQ). These changes do not apply to juvenile, family, guardianship, probate or criminal cases. This includes exhibits attached to court filings. The Notice of Confidential Information must identify the type of information to be redacted and all page numbers containing that information. File a Notice of Confidential Information when records contain social security numbers, bank account numbers or other non-public information, as specified in Florida Rule of General Practice and Judicial Administration 2.420.Redact the information themselves before filing the document or,.In Opinion 20-1765, the Florida Supreme Court amended Rule 2.420 requiring the filer to be solely responsible for identifying confidential information in small claims, county civil and most circuit civil court documents.Īnyone filing documents in these types of cases must either:
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