IN RE AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.420
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The Florida Supreme Court amended Rule of Judicial Administration 2.420 to add two new categories of court records that must be automatically designated as confidential: forensic behavioral health evaluations under Chapter 916 and drug court program screening and evaluation records. The amendments implement recent Florida legislation protecting sensitive information in criminal cases.
The Court adopted the proposed amendments to Rule 2.420(d)(1)(B), adding forensic behavioral health evaluations under Chapter 916 as subdivision (xxi) and drug court program screening, evaluations, and treatment status reports as subdivision (xxii) to the list of automatically confidential court records. The amendments became effective immediately upon release of the opinion.
[1] Forensic behavioral health evaluations under chapter 916, Florida Statutes, are automatically confidential court records.
[2] Eligibility screening, substance abuse screening, behavioral health evaluations, and treatment status reports for defendants referred to or considered for referral to a d…
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Join FLexlaw to unlock all legal intelligence“The amendments to subdivision (d)(1)(B) (Procedures for Determining Confidentiality of Court Records) are in response to chapters 2014-67 and 2014-174, Laws of Florida, and add two new categories of information in court records that the clerks of court must automatically designate and maintain as confidential.”
Establishes the purpose and scope of the rule amendments in response to recent legislation
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Join FLexlaw to unlock all legal intelligenceThe Florida Bar's Rules of Judicial Administration Committee proposed amendments to Rule 2.420 in response to chapters 2014-67 and 2014-174 of the Law…
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We have for consideration amendments to Florida Rule of Judicial Administration 2.420 (Public Access to Judicial Branch Records) proposed by the The Florida Bar’s Rules of Judicial Administration Committee (RJA Committee) in its “fast-track” out-of-cycle report. See Fla. Rule Jud. Admin. 2.140(e). We have jurisdiction1 and amend the rule as proposed by the RJA Committee and approved by the Executive Committee of the Board of Governors of The Florida Bar.
The amendments to subdivision (d)(1)(B) (Procedures for Determining Confidentiality of Court Records) are in response to chapters 2014-67 and 2014-1. 174, Laws of Florida, and add two new categories of information in court records that the clerks of court must automatically designate and maintain as confidential. New subdivision (d)(1)(B)(xxi) adds “[f]orensic behavioral health evaluations under chapter 916,” Florida Statutes, to the list of *500automatically confidential information. See ch.2014-67, § 1, Laws of Fla. (creating § 916.1065, Fla. Stat., effective July 1, 2014). New subdivision (d)(1)(B)(xxii) adds “[eligibility screening, substance abuse screening, behavioral health evaluations, and treatment status reports for defendants referred to or considered for referral to a drug court program” to the list of automatically confidential information. See ch.2014-174, § 1, Laws of Fla. (creating § 397.334(10)(a), Fla. Stat., effective June 20, 2014).
The amendment to subdivision (d)(1)(B)(iv) corrects a statutory reference.
Accordingly, the Florida Rules of Judicial Administration are amended as reflected in the appendix to this opinion. New language is indicated by underscoring; deletions are indicated by struck-through type. The amendments shall become effective immediately upon the release of this opinion. Because the amendments were not published for comment prior to their adoption, interested persons shall have sixty days from the date of this opinion in which to file comments with the Court.2
It is so ordered.
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.
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) information described by any of subdivisions (c)(1) through (c)(6) of this rule; and
(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:
*501(i) Chapter 39 records relating to dependency matters, termination of parental rights, guardians ad litem, child abuse, neglect, and abandonment. §§ 39.0132(3), 39.0132(4)(a), Fla. Stat.
(ii) Adoption records. § 63.162, Fla. Stat.
(in) Social Security, bank account, charge, debit, and credit card numbers. § 119.0714(l)(i) — (J), (2)(a)— (e), Fla. Stat. (Unless redaction is requested pursuant to § 119.0714(2), Fla. Stat., this information is exempt only as of January 1, 2012.)
(iv) HIV test results and the identity of any person upon whom an HIV test has been performed. § 381.004(32)(e), Fla. Stat.
(v) Records, including test results, held by the Department of Health or its authorized representatives relating to sexually transmissible diseases. § 384.29, Fla. Stat.
(vi) Birth records and portions of death and fetal death records. §§ 382.008(6), 382.025(1), Fla. Stat.
(vii) Information that can be used to identify a minor petitioning for a waiver of parental notice when seeking to terminate pregnancy. § 390.01116, Fla. Stat.
(viii) Clinical records under the Baker Act. § 394.4615(7), Fla. Stat.
(ix) Records of substance abuse service providers which pertain to the identity, diagnosis, and prognosis of and service provision to individuals. § 397.501(7), Fla. Stat.
(x) Clinical records of criminal defendants found incompetent to proceed or acquitted by reason of insanity. § 916.107(8), Fla. Stat.
(xi) Estate inventories and account-ings. § 733.604(1), Fla. Stat.
(xii) The victim’s address in a domestic violence action on petitioner’s request. § 741.30(3)(b), Fla. Stat.
(xiii) Protected information regarding victims of child abuse or sexual offenses. §§ 119.071(2)(h), 119.0714(l)(h), Fla. Stat.
(xiv) Gestational surrogacy records. § 742.16(9), Fla. Stat.
(xv) Guardianship reports, orders appointing court monitors, and orders relating to findings of no probable cause in guardianship cases. §§ 744.1076, 744.3701, Fla. Stat.
(xvi) Grand jury records. §§ 905.17, 905.28(1), Fla. Stat.
(xvii) Records acquired by courts and law enforcement regarding family services for children. § 984.06(3)-(4), Fla. Stat.
(xviii) Juvenile delinquency records. §§ 985.04(1), 985.045(2), Fla. Stat.
(xix) Records disclosing the identity of persons subject to tuberculosis proceedings and records held by the Department of Health or its authorized representatives relating to known or suspected cases of tuberculosis or exposure to tuberculosis. §§ 392.545, 392.65, Fla. Stat.
(xx) Complete presentence investigation reports. Fla. R.Crim. P. 3.712.
(xxi) Forensic behavioral health evaluations under Chapter 916. § 916.1065, Fla. Stat.
(xxii) Eligibility screening, substance abuse screening, behavioral health evaluations, and treatment status reports for defendants referred to or considered for referral *502to a drug court program. § 397.334(10)(a), Fla. Stat.
(2)-(5) [No Change]
(e)-(m) [No Change]
Committee Note
[No Change]
2002-2007 Court Commentary
[No Change]
2007 Committee Commentary
[No Change]
APPENDIX TO RULE 2.420
[No Change]