IN RE: AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE – FORM 1.997
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The Court amends Florida Rule of Civil Procedure Form 1.997, the Civil Cover Sheet, to include a question regarding allegations of sexual abuse.
[1] The Florida Supreme Court may amend rules of procedure on its own motion.
[2] Amendments to the Florida Rules of Civil Procedure and Florida Rules of General Practice and Judicial Administration are effective on a specified date.
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PER CURIAM.
On its own motion, the Court amends form 1.997 (Civil Cover Sheet) of the Florida Rules of Civil Procedure.
We have jurisdiction.
See art. V, § 2(a), Fla. Const.; Fla. R. Gen.
Prac. & Jud. Admin. 2.140(d).
On January 21, 2021, the Court amended Florida Rule of General Practice and Judicial Administration 2.420(d) (Procedures for Determining Confidentiality of Court Records) “to eliminate the requirement that the clerk of court independently designate as confidential information filed in certain civil cases.”
In re Amend. to Fla. Rule of Jud. Admin. 2.420, 320 So. 3d 626 , 626 (Fla. 2021).
However, “[t]he only civil cases to which this new rule applies are civil case types originating in the circuit, county, or small claims courts (identified by the Court Type Designators CA, CC, and SC in the uniform case numbering system), except those case types listed as ‘Viewable on Request’ in the Standards for Access to Electronic Court Records and Access Security Matrix.”
Id. at 627 (footnotes omitted).
And in its opinion adopting the amendments, the Court explained that currently “the Access Security Matrix identifies the following case types as Viewable on Request: ‘County Criminal Appeals Sexual Abuse,’ ‘Jimmy Ryce Act,’ ‘Circuit Civil Private (Sexual Abuse & Medical Malpractice),’ ‘Felony – sexual cases,’ ‘Sexual Violence,’ ‘Extradition,’ ‘Misdemeanor – sexual cases,’ and ‘Misdemeanor-Misc.’ ” Id. n.3.
After adopting the amendments, this Court published them for comment.
The Court declined to further amend rule 2.420 in response to the comments, and new rule 2.420 became effective July 1, 2021.
However, in the case amending rule 2.420, the Florida Association of Court Clerks and Comptrollers requested that form 1.997 of the Florida Rules of Civil Procedure be revised to assist clerks in identifying civil sexual abuse cases as requiring continued redaction under rule 2.420. -2-Accordingly, we now amend form 1.997 to assist clerks in identifying these sexual abuse cases for continued redaction.
Specifically, we add a question to form 1.997 asking whether the case involves allegations of sexual abuse.
The instructions for the form are likewise amended.
The Florida Rules of Civil Procedure are amended as reflected in the appendix to this opinion.
New language is indicated by underscoring.
The amendments shall become effective on April 1, 2022, at 12:01 a.m.
Because the amendments were not published for comment previously, 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 March 1, 2022, 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.
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) 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.
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, -3-It is so ordered.
CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, COURIEL, and GROSSHANS, JJ., concur. THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS.
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In re Amendments to Fla. Rules of Civil Procedure – Form 1.997, 320 So. 3d 626 (Fla. 2021)…(Procedures for Determining Confidentiality of Court Records) “to eliminate the requirement that the clerk of court independently designate as confidential information filed in certain civil cases.” In re Amend. to Fla. Rule of Jud. Admin. 2.420, 320 So. 3d 626 , 626 (Fla. 2021). However, “[t]he only civil cases to which this new rule applies are civil case types originating in the circuit, county, or small claims courts (identified by the Court Type Designators CA, CC, and SC in the uniform case numberin…
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Courthouse News Serv. v. Forman (N.D. Fla. 2022)…iction’s CMS.” Id. ¶ 6. Broward County uses Local Review. Id. ¶ 9. Traditionally, as part of their review—whether Portal or Local—clerks had to sift through filings for confidential information. See In re Amends. to Fla. Rule of Jud. Admin. 2.420, 320 So. 3d 626, 627 (Fla. 2021). But, responding to media complaints of “concerning delays in . . . access to nonconfidential court records,” the Florida Supreme Court modified the Florida Rules of Judicial Administration to provide “that, in certain civil cases,…
Authorities Cited
- In re Amendments to Fla. Rules of Civil Procedure – Form 1.997, 320 So. 3d 626 (Fla. 2021)