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Posted on: July 16, 2021

Changes to Redaction of Confidential Information

Illustration of hand with magnifying glass reading an overview of the Rule 2.420 change Overview

As of July 1, all filers of circuit civil, county civil, and small claims court documents are solely responsible for ensuring that confidential information is redacted or is identified for redaction.

In Opinion 20-1765, the Florida Supreme Court amended Rule 2.420 requiring the filer to be solely responsible for identifying confidential information in small claims, county civil, and most circuit civil court documents. 

Anyone filing documents in these types of cases must file a Notice of Confidential Information when records contain social security numbers, bank account numbers or other non-public information, as specified in Florida Rule of General Practice and Judicial Administration 2.420. The Notice of Confidential Information must identify the type of information to be redacted and all page numbers containing that information. This includes exhibits attached to court filings. 

If needed, a Motion to Determine the Confidentiality of Trial Court Records is also available to request confidentiality of information that is not included in Rule 2.420 or subsequent court order.

Both documents are located in our online Document Center under the Resources Menu. 

Rule of General Practice and Judicial Administration 2.420 outlines 23 categories of information that are automatically confidential in court records such as Social Security numbers, health records, bank account numbers, addresses of domestic violence victims, and juvenile delinquency records. 

Confidential information in a court record may be at risk for public release if it is not appropriately identified or redacted by the filer.

Previously, Clerks would independently review all filed records to further identify and redact confidential information protected by the rule. In accordance with the amendment, Clerks are no longer required to perform this review and are only obligated to protect the information in civil and small claims cases when notified by filers, by court order, or when the case itself is confidential under law.

Please see Supreme Court Opinion No. SC20-175 for the full text of the Florida Supreme Court’s amendment. Frequently asked questions are available on our Confidential Information page.

These changes do not apply to family law, domestic violence, sexual abuse, risk protection orders, mental health, Jimmy Ryce civil commitments, or medical malpractice cases.

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