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Monday, September 13, 2021

Florida clerks no longer required to redact county, civil, small claims court records

Florida clerks are no longer required to “identify and designate information as confidential” in circuit civil, county civil, and small claims courts.

Based on a recent Florida Supreme Court amendment to Florida Rule of Judicial Administration 2.420 regarding access to court records, the amendment went into effect on July 1, 2021.

According to the amendment, filers will now be solely responsible for ensuring any confidential information contained in court records filed with a Clerk of Court is appropriately identified for redaction in these kinds of cases.

Filers are now required to file a notice of confidential information in small claims, county civil, and most circuit civil cases when filing documents with Social Security numbers, bank account numbers, or other non-public information.

In addition, filers will have to identity the precise locations of confidential information within a document, including each page number on which that information appears.

Changes do not apply to family law cases, domestic violence cases, cases stemming from sexual abuse, risk protection orders, mental health cases, Jimmy Ryce civil commitments, and medical malpractice cases.

Review the full Florida Supreme Court opinion through the court’s website.