Rule 2.420

Question 1

Scope and purpose

Answer 1

Subject to the rulemaking power of the FSC, this rule shall govern public access to and the protection of the records of the judicial branch of government.

• the public shall have access to all records of the judicial branch of government, except as otherwise provided
• access to all electronic and other court records shall be governed by the Standards for Access to Electronic Court Records and Access Security Matrix

Question 2

“Records of the judicial branch”

Answer 2

All records, regardless of physical form, characteristics, or means of transmission, made or received in connection with the transaction of official business by any judicial branch entity

Question 3

“Court records”

Answer 3

Contents of the court file, including the progress docket and other similar records generated to document activity in a case, transcripts filed with the clerk, documentary exhibits in the custody of the clerk, and electronic records, videotapes, or stenographic tapes of depositions or other proceedings filed with the clerk and electronic records, videotapes or stenographic tapes of court proceedings

Question 4

“Administrative records”

Answer 4

All other records made or received pursuant to court rule, law or ordinance, or in connection with the transaction of official business by any judicial branch entity

Question 5

“Judicial branch”

Answer 5

Includes the state courts system, the clerk of court when acting as an arm of the court, The Florida Bar, the Florida Board of Bar Examiners, the Judicial Qualifications Commission, and other entities

Question 6

“Confidential”

Answer 6

Such information is exempt from the public right of access and may be released only to the persons or organizations designated by law, statute, or court order. The term “exempt” means that such information is confidential.

Question 7

Confidential and Exempt Records

Answer 7

1. trial and appellate court memoranda, drafts of opinions and orders, court conference records, notes, and other written materials of a similar nature prepared by judges or court staff acting on behalf of or at the direction of the court as part of the court’s judicial decision-making process utilized in disposing of cases and controversies before Florida courts unless filed as a part of the court record
2. Memoranda or advisory opinions that relate to the administration of the court and that require confidentiality to protect a compelling governmental interest, including, but not limited to, maintaining court security, facilitating a criminal investigation, or protecting public safety, which cannot be adequately protected by less restrictive measures. The degree, duration, and manner of confidentiality imposed shall be no broader than necessary to protect the compelling governmental interest involved, and a finding shall be made that no less restrictive measures are available to protect this interest. The decision that confidentiality is required with respect to such administrative memorandum or written advisory opinion shall be made by the chief judge
3. Complaints alleging misconduct against judges until probable cause is established; Complaints alleging misconduct against other entities or individuals licensed or regulated by the courts, until a finding of probable cause or no probable cause is established, unless otherwise provided. Such finding should be made within the time limit set by law or rule. If no time limit is set, the finding should be made within a reasonable period of time
4. Periodic evaluations implemented solely to assist judges in improving their performance, all information gathered to form the bases for the evaluations, and the results generated therefrom
5. Only the names and qualifications of persons applying to serve or serving as unpaid volunteers to assist the court, at the court’s request and direction, shall be accessible to the public. All other information contained in the applications by and evaluations of persons applying to serve or serving as unpaid volunteers shall be confidential unless made public by court order based upon a showing of materiality in a pending court proceeding or upon a showing of good cause;
6. Copies of arrest and search warrants and supporting affidavits retained by judges, clerks, or other court personnel until execution of said warrants or until a determination is made by law enforcement authorities that execution cannot be made
7. All records made confidential under the Florida and United States Constitutions and Florida and federal law;
8. All records presently deemed to be confidential by court rule, including the Rules for Admission to the Bar, by Florida Statutes, by prior case law of the State of Florida, and by the rules of the Judicial Qualifications Commission;