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:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
View Report:
Report Cover
Cover Letter
Part 1 – Introduction
Part 2 – Recommendations
Part 3 – Member comments
Part 4 – Legal analysis
Part 5 – Draft rule changes
The Committee’s overall conclusion was that while remote electronic access to court records should be a goal of the Florida judicial branch, numerous obstacles exist that do not allow for responsible provision of such access at the time of the report. The Committee therefore made a number of recommendations directed at addressing those obstacles and developing the necessary conditions for responsible electronic access to court records.
The Committee on Access to Court Records was established to assist in the development of the necessary policies for electronic access.
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