On January 21, 2021, the Florida Supreme Court issued Opinion 20-1765, which amended Rule of General Practice and Judicial Administration 2.420 effective July 1, 2021. The opinion holds that 'in certain civil cases, the clerk of court does not have an independent responsibility to identify and designate information as confidential. Instead, that this the sole responsibility of the filer'. (emphasis added).
Thus, in Circuit Civil, County Civil and Small Claims cases (except those case types that are listed in the Viewable on Request in the Standards for Access to Electronic Court Records and Access Security Matrix), the Clerk will 'designate information or documents as confidential only when:
- the filer of the confidential information or document files a Notice of Confidential Information within Court Filing pursuant to Florida Rule of Judicial Administration 2.420(d)(2);
- the filer files a Motion to Determine Confidentiality of Court Records pursuant to Florida Rule of Judicial Administration 2.420(d)(3);
- the filing is deemed confidential by court order;
- or the case itself is confidential by law.' (emphasis added).