Committee on Access to Court Records

The Florida courts system is in the process of implementing online access to court records. Before such access can be provided, steps must be taken to protect personal and confidential information.

On September 2, 2008, the Committee on Access to Court Records submitted its report describing these efforts and making ten recommendations. The committee also filed two rules petitions. The first petition proposes amendments to rules of court governing confidentiality and access. The second petition proposes numerous rules amendments designed to limit the amount of personal information that becomes included in court records.

These petitions are pending with the Supreme Court. Currently, access to Florida court records is governed by administrative order of the Florida Supreme Court.

Update: On March 18, 2010, the Court issued Opinion No. SC07-2050 In Re: Amendments to Florida Rule of Judicial Administration 2.420 and the Florida Rules of Appellate Procedure.

Authority:

AOSC06-27 The Committee on Privacy and Court Records was established in 2003 and charged with providing recommendations regarding the electronic release of court records in Florida. In August 2005, the committee submitted its report.

Members through July 1, 2008:

The Honorable Judith L. Kreeger (Chair)
Ms. Sharon Abrams
Ms. Kristin Adamson
Ms. Robin Berghorn
The Honorable David Ellsperman
The Honorable Mel Grossman
Mr. Jonathon Kaney, Jr.
The Honorable Melanie May
Mr. Timothy McLendon
Mr. Paul Regensdorf
Mr. Murray B. Silverstein
The Honorable Kim A. Skievaski
The Honorable Elijah Smiley
Mr. Walt Smith
The Honorable Charles Williams

The primary purpose of the Committee is to review Florida Rule of Judicial Administration 2.240 and develop proposed revisions to the rule with regard to the following:

1. Recommendation Two: Scope of Confidentiality
   Review and explore revision of rule 2.240 to narrow its application to a finite set of exemptions that are appropriate in the court context and are identifiable.

2. Recommendation Eight: Unauthorized Filings
   Study court rules to prohibit the filing of documents that are not authorized by court rule or statute, or seeking relief from the court.

3. Recommendation Twelve: Conditions for Electronic Access
   Propose amendments to rule 2.240 to allow remote access to court records in electronic form to the general public in jurisdictions where conditions are met.

4. Recommendation Thirteen: Confidential Information
   Propose revisions to rule 2.240 to clarify that those records defined in the rule are confidential and may not be released as provided. This requirement is already established in existing law, therefore, the committee is to propose a rule amendment or committee note that is consistent with the current law.

5. Recommendation Sixteen: Unsealing of Records
   The Committee will propose revisions to rule 2.240 that will provide a clear and effective mechanism through which a preliminary determination that a record is exempt or confidential can be challenged or reviewed.

6. Recommendation Seventeen: Responsibility of Filer
   The Committee will propose revisions to rule 2.240 to provide for certain responsibilities of the filer of court documents regarding confidential information.