WHEREAS, Rule 2.420, Florida Rules of General Practice and Judicial Administration requires persons filing documents as court records and the Clerks of the Circuit Court to identify certain records as confidential, modify the procedures for maintaining court records as confidential, establish procedures for criminal cases, and address confidential appellate court records, and

        NOW THEREFORE, I, JAMES R. CLAYTON, Chief Judge of the Seventh Judicial Circuit of Florida, hereby order as follows:
I. Filer of Court Records

     A. Notice of Confidential Information Within Court Filing

  A person filing a document as a court record must, in accordance with Rule 2.420(d)(2), file a “Notice of Confidential Information Within Court Filing” if the document contains information specified as confidential in accordance with Rule 2.420(d)(1)(B), and indicate that either the entire document is confidential or identify the precise location of the confidential information within the document being filed. The “Notice of Confidential Information Within Court Filing” is attached as Appendix A. If the document is filed in a case which is maintained by the Clerks of the Circuit Court as confidential, the Notice is not required.

If a document from one of the confidential cases is filed in any other case, the Notice must be filed with the document.

     B. Motion to Determine Confidentiality of Court Records Not Subject to Notice of Confidential Information within Court Filing

  The filer of a document must, in accordance with Rule 2.420(d)(3), ascertain whether any information contained within the document may be confidential, not including the items listed in Rule 2.420(d)(1)(B). If the document includes confidential information that is not one of the items listed in the aforementioned rule, the filer must file a “Motion to Determine Confidentiality of Court Records” unless (1) the person filing the information is the only individual whose confidential information is included in the document or is the attorney representing all such individuals, and (2) a knowing waiver of confidentiality is intended.

  The filer of the motion must indicate in the motion whether the motion is agreed to and must provide service on other parties and any affected non-parties. Non-parties must also be provided with a Notice that describes the confidential information with as much specificity as possible without revealing the confidential information. A form “Motion to Determine Confidentiality of Court Records” is attached in Appendix B. A form “Notice to Affected Non-Party” is attached in Appendix C.

  If the motion is not agreed to, the filer must contact the judicial assistant for the division judge upon filing of the motion and set the matter so that a hearing can be held within 30 days of filing. A form “Notice of Hearing (Sealed records)” is attached as Appendix D which the movant must complete and serve. A proposed “Order Granting/Denying Motion to Determine Confidentiality of Court Records” is attached as Appendix E-1 and E-2.

  An affected non-party may also file a motion requesting that a file, document, or information in a court file be maintained as confidential. The form “Motion to Determine Confidentiality of Court Records” in Appendix B may be used for this purpose. The affected non-party must follow the same procedure as the filer to serve the motion and set the matter for hearing described above.

 C. Motion to Determine Confidentiality of Court Records – Special Criminal Records

  A filer, who seeks to determine the confidentiality of a plea agreement, substantial assistance agreement, or other court record that reveals the identity of a confidential informant or active criminal investigative information, should use a “Motion to Determine Confidentiality of Court Records – Special Criminal Records,” which is attached as Appendix F.

  If the motion is not agreed to, the filer must contact the judicial assistant for the division judge upon filing of the motion and set the matter so that a hearing can be held within 15 days of filing. A proposed “Order Granting/Denying Motion to Determine Confidentiality of Court Records – Special Criminal Records” is attached as Appendix G.

 D. Motions to Determine Confidentiality of Court Records in Appellate Courts

  When a filer has obtained an Order granting a Motion to Determine Confidentiality of Court Records from an appellate court, including orders entered by the circuit appellate court, the filer must file a copy of the motion and order with the Clerk in the lower tribunal.

II. Clerks of the Circuit Court
     A. Confidential cases
  1. Unless otherwise ordered by the Court, the Clerks of the Circuit Court are authorized and directed to maintain as confidential the case file, progress docket, case style, and every record filed in the following types of cases:
    a. Dependency, sections 39.0132(3)-(4), Florida Statutes.
    b. Termination of Parental Rights, sections 39.814(3)-(4), Florida Statutes.
    c. Adoption, section 63.162(2), Florida Statutes.
    d. Surrogacy, section 742.16(9), Florida Statutes.
    e. Children and Families in Need of Services, sections 984.06(3)-(4), Florida Statutes.
    f. Delinquency, sections 985.04(1) and 985.045(2), Florida Statutes.
    g. Waiver of Parental Notification of Termination of Pregnancy, sections 390.01114 -.01116 and Florida Juvenile Procedure Rule 8.835.

No other order of court or public notice is required to maintain these case types as confidential.

  2. Unless otherwise ordered by the Court, the Clerks of the Circuit Court are authorized and directed to maintain as confidential the case file and every record filed in the case for the following types of cases:
    a. Petitions Regarding Individuals Suspected of Being Infected With or Exposed to a Sexually Transmissible Disease (including petitions for writs of habeas corpus or immediate release), Chapter 384, Florida Statutes.
    b. Petitions Regarding Individuals Suspected of Having Tuberculosis
(including petitions for immediate release), Chapter 392, Florida Statutes.
    c. Marchman Act (including petitions for writs of habeas corpus filed by
individuals held under the act), section 397.501(7), Florida Statutes.
    d. Sexual Violence Injunctions, sections 92.56, 119.071(2)(h)(2) and (j)(1), and 784.046, Florida Statutes.
    e. Baker Act (including petitions for writs of habeas corpus filed by
individuals held under the act), section 394.4615(1), Florida Statutes.
    f. Involuntary Commitments of Sexually Violent Predators, (including petitions for writs of habeas corpus filed by individuals held under the act), section 394.4615, Florida Statutes.
    g. Incapacity Cases, section 744.1076, Florida Statutes, and Rule 5.550, Florida Probate Rules.

  In these case types, the Court finds that the clinical and/or identifying information protected by statute is interwoven and an integral part of the court file and that it is administratively impractical for Clerks to maintain only portions of the court file as confidential. No other order of court or public notice is required to maintain these case types as confidential.

  In the case types listed in subsections a. through d., the identity of the subject or petitioner is confidential pursuant to statute. Therefore, a generic case style shall be used for the public view of these case types. Further, if a member of the public or an entity requests court file information by party name, the Clerks of the Circuit Court are hereby authorized and directed to inform the requesting person or entity that confidentiality laws prohibit the Clerk from confirming or denying the existence of such file or providing the requested records, if any.

 B. Confidential records and information

  1. In accordance with Rule 2.420(d)(1), the Clerks of the Circuit Court are authorized and directed to maintain as confidential the records and information set forth therein, unless otherwise ordered by the Court.

  2. In civil cases, the Clerk of the Court shall not be required to designate and maintain information as confidential unless the filer follows the procedures set forth in subdivisions 2.420(d)(2) & (3), the filing is deemed confidential by court order, or the case itself is confidential by law. “Civil case” as used in this rule includes only civil case types in the circuit, county, or small claims court, except those case types listed as “Viewable on Request” (VOR) in the Standards for Access to Electronic Court Records and Access Security Matrix, as adopted by the supreme court in Administrative Order AOSC14-19 or the then current standards for access. In these civil cases, the Clerk of Court does not have the independent responsibility to identify and designate information as confidential and it is the sole responsibility of the filer per Rule 2.420.

  3. Unless otherwise ordered by the Court, the Clerks of the Circuit Court are authorized and directed to maintain the following records or information as confidential as provided by state or federal law:

    a. Domestic Violence Petitioner’s Request for Confidential Filing of Address, sections 119.071(2)(j)(1) and 741.30, Florida Statutes, and Florida Family Law Form 12.980(h).

    b. Inventory of Personal Representative and Accountings, section 733.604(1), Florida Statutes; and Inventories of Safe Deposit Boxes, Florida Probate Rules, 5.342.
    c. Guardianship Reports and orders appointing court monitors, section 744.3701(1), Florida Statutes.
    d. Birth Records, section 382.025, Florida Statutes.
    e. Cause of death within Death Records, section 382.008, Florida Statutes.
    f. Clinical Records of Detained Criminal Defendants Found Incompetent to Proceed or Acquitted by Reason of Insanity, section 916.107(8), Florida Statutes.
    g. Presentence Reports, Florida Rule of Criminal Procedure 3.712.
    h. Notice of Social Security Number, Florida Family Law Form 12.902(j).
    i. Florida Department of Law Enforcement criminal history records, Section 943.054, Florida Statutes and 28 C.F.R. Part 20.
    j. Department of Highway Safety and Motor Vehicles driver history records, section 119.0712(2), Florida Statutes and the Driver’s Privacy Protection Act (DPPA), 18 U.S.C. § 2721 et seq.
    k. Records made confidential by Rule 2.420(c)1 – 6.
    l. A social security number contained in an indictment, information, arrest report or affidavit filed by the State Attorney or a law enforcement agency, beginning January 1, 2012. Section 119.0714(2)(a), Florida Statutes.
    m. Information identifying victims of child abuse or of sexual offenses, including child sexual abuse, sections 119.071(2)(h) and 119.0714(1)(h), Florida Statutes.

No other order of court or public notice is required to maintain these documents as confidential.

     C. Other confidential records
  1. Paternity – If the Clerks of the Circuit Court receive written notice, accompanied by a copy of a marriage license, that the biological mother in a paternity action has subsequently married the purported father, the Clerk is hereby authorized and directed to maintain as confidential the court file and the progress docket in the paternity action in accordance with section 742.091, Florida Statutes. No order of court or public notice is required before these records may be treated as confidential.

  2. Criminal Investigative Records – The Clerks of the Circuit Court are authorized and directed to maintain as confidential the following criminal investigative documents, which may be in the possession of the Clerk. No order of court or public notice shall be required before these records are treated as confidential.

    a. Grand jury notes, stenographers’ records, and transcripts, section 905.17, Florida Statutes.
    b. Unexecuted search warrants or search warrants and their returns that are part of an ongoing criminal investigation, section 119.071(2)(c)(1), Florida Statutes, Rule 2.420(c).
    c. Records and warrants pertaining to indictments or informations until the defendant is in custody or a period of one year has elapsed, Florida Rule of Criminal Procedure 3.140(l).
    d. Applications for or orders authorizing a wiretap, pen register or trap and trace device, or mobile tracking device, sections 119.071(2)(c)(1), 934.09(8)(c), 934.33, and 934.42, Florida Statutes.
    e. Arrest warrants and supporting affidavits that are unexecuted or a
determination is made that execution cannot be made, Rule 2.420(c)(6).

  3. If the Clerks of the Circuit Court are unable to determine whether a record is confidential in accordance with Rule 2.420(c), the Clerk may bring the record to the division judge for an initial determination of whether the Clerk is to maintain the record as confidential.

  4. If the Clerks of the Circuit Court receive a request for public access to court records governed by sections II A, II B, or II C, the Clerk shall not release the requested information absent an order from the Court.

III. Procedure to Vacate an Order Granting a Motion to Determine Confidentiality of Court Records or Seeking to Access Information Designated Confidential by the Clerk

 A. Responsibilities of Moving Party

  When a party, affected non-party, member of the press, or the public seeks access to a particular confidential court file, document, information, or to the court’s docket in an individual case, a motion must be filed with the Clerk of the Circuit Court. A copy of the motion must be provided to the judge who entered the order determining confidentiality of a file, document, information, or removing a party’s name from the progress docket. If the file, document or information is being maintained as confidential based upon a “Notice of Confidential Information Within Court Filing,” filed with the Clerk in accordance with this Administrative Order, or if the judge who entered the order is no longer a judge of the Seventh Judicial Circuit, then a copy of the motion should be provided to the division judge.

  The moving party must also serve all parties and affected non-parties as provided in Rule 2.420(d)(4) with a copy of the motion. Non-parties must also be provided with a Notice describing but not revealing the confidential information sought to be accessed and a statement that if the motion is granted, the information will no longer be treated as confidential by the Court and the Clerk. If the movant is unable to ascertain the name and address at which to provide notice to the parties, the motion shall reference this Administrative Order and state in prominent or boldface type in the caption, “Confidential Party—Court Service Requested.”

 B. Responsibilities of Judicial Assistant

  If a motion is filed with the “Confidential Party—Court Service Requested” designation properly displayed, the judicial assistant is responsible for providing such notice. The judicial assistant shall provide such notice so as not to inadvertently reveal the identity of the parties to the moving party.

 C. Hearings

  Except when a motion contesting a confidentiality order represents that all parties agree to the relief requested, the court must conduct a hearing before ruling on the motion. Said hearing must be conducted within 30 days of the motion being filed. It is the responsibility of the moving party to contact the judicial assistant to schedule the hearing. A form “Notice of Hearing (Confidential records)” is included in Appendix E. Further, even if all parties agree to the relief requested, the court may in its discretion hold a hearing on the motion. Any hearing on such a motion must be an open proceeding, except that any party may request that the court conduct all or part of the hearing in camera to protect the interests set forth in Rule 2.420(c)(9)(A).

  The moving party is responsible for ensuring that a complete record of the hearing is created, either by use of a court reporter or by any recording device provided as a matter of right by the Court.

IV. Procedure for Non-Parties to Request Confidentiality of Court Records

  An affected non-party or other interested person may file a motion requesting that a file, document, or information in a court file be maintained as confidential. A form “Motion to Determine Confidentiality of Court Records” in Appendix C may be used for this purpose. The affected non-party must indicate in the motion whether the motion is agreed to and must indicate service on other parties and any other affected non-parties.

  If the motion is not agreed to, the affected non-party or other interested person must contact the judicial assistant for the division judge upon filing of the motion and set the matter so that a hearing can be held within 30 days of filing. A form “Notice of Hearing (Confidential records)” is included in Appendix D. A form “Order Granting/Denying Motion to Determine Confidentiality of Court Records” is attached as Appendix E-1 and E-2.

V. Sealing of Court Records/Case Files

  All requests and orders regarding sealing trial court records must comply with Rule 2.420. In the event that a Clerk of Court receives an order or other directive from a judge to seal a court record, or portion thereof, that the Clerk has reason to believe does not comply with the Rule, the Clerk shall request clarification from the issuing judge.

  The Clerks of Court shall post copies of all orders authorizing sealing /determining records to be confidential within 10 days following entry of the order on the public bulletin board of the court facility where the order was issued and on the Clerk’s website for no less than 30 days, in accordance with Rule 2.420.

This Administrative Order does not apply to or affect the procedures in Chapter 943, Florida Statutes, for sealing or expunging criminal history records.

TO BE RECORDED in Flagler, Putnam, St. Johns & Volusia counties.

DONE AND ORDERED in DeLand, Volusia County, Florida this 27th day of September 2022.