Eleventh Judicial Circuit of Florida, Miami-Dade County Sealing & Redaction Procedures

CRITICAL

Motions to seal/expunge must be filed with the Clerk with all supporting documentation and a copy provided to chambers.

File the original motion with all supporting documentation to the Clerk's office and provide a copy to chambers (include petition, affidavit, FDLE Certificate of Eligibility, and proposed order pursuant to Rule 3.692, F. R. Crim. P.).

CRITICAL

A motion to seal may be granted only where confidentiality is required to protect an enumerated interest, such as preventing a serious and imminent threat to the administration of justice, a trade secret, a compelling government interest, obtaining evidence, avoiding substantial injury to innocent third parties or a party, or complying with established public policy.

Confidentiality of the [information sought to be sealed] is required to protect the following interest(s): [select all that apply] _____ a. Preventing a serious and imminent threat to the fair, impartial, and orderly administration of justice, specifically: _____________________________________________. _____ b. A trade secret. _____ c. A compelling government interest, specifically: _____________________________________________. _____ d. Obtaining evidence to determine the legal issues in a case. _____ e. Avoiding substantial injury to innocent third parties, specifically: _____________________________________________. _____ f. Avoiding substantial injury to a party by the disclosure of matters protected by a common law or privacy right not generally inherent in this type of proceeding, specifically: _____________________________________________. _____ g. Complying with established public policy set forth in the

CRITICAL

Guardianship reports and orders appointing court monitors in guardianship cases are confidential.

Guardianship reports and orders appointing court monitors in guardianship cases. §§ 744.1076, 744.3701, Fla. Stat.

CRITICAL

A party seeking to have an appellate record sealed must ensure that the clerk of the lower tribunal is alerted to the issuance of the sealing order.

In accordance with Rule 2.420(g)(6) of the Florida Rules of Judicial Administration, a party seeking to have an appellate record sealed has the responsibility: (1) to ensure that the clerk of the lower tribunal is alerted to the issuance of the order sealing the records; and

CRITICAL

Substance abuse service provider records pertaining to identity, diagnosis, prognosis, and service provision are confidential.

Records of substance abuse service providers which pertain to the identity, diagnosis, and prognosis of and service provision to individuals who have received services from substance abuse service providers. § 397.501(7), Fla. Stat.

CRITICAL

The order may seal specifically identified documents in the court file while the remainder of the file and progress docket stay open to the public.

____ 2. The following documents within the court file: ____________ __________________________. However, the file and progress docket shall otherwise remain available to the public subject to any substitution of a party's name set forth above.

CRITICAL

Juvenile delinquency records are maintained as confidential.

Juvenile delinquency records. §§ 985.04(1), 985.045(2), Fla. Stat.

CRITICAL

Complaints alleging misconduct against judges are maintained as confidential until probable cause is established.

(3)(A) Complaints alleging misconduct against judges until probable cause is established;

CRITICAL

Social Security, bank account, charge, debit, and credit card numbers in court records. § 119.0714(1)(i)-(j), (2)(a)-(e), Fla. Stat. (Unless redaction is requested pursuant to 119.0714(2), this information is exempt only as of January 1, 2011.)

Social Security, bank account, charge, debit, and credit card numbers in court records. § 119.0714(1)(i)-(j), (2)(a)-(e), Fla. Stat. (Unless redaction is requested pursuant to 119.0714(2), this information is exempt only as of January 1, 2011.)

CRITICAL

Information subject to a Rule 2.420(f)(3) motion must be treated as confidential by the clerk pending the court's ruling, and filings containing that information must be docketed in a way that does not reveal its confidential nature.

Information that is the subject of such motion must be treated as confidential by the clerk pending the court's ruling on the motion. Filings containing the information must be indicated on the docket in a manner that does not reveal the confidential nature of the information.

CRITICAL

The Clerk must immediately seal the court-designated materials and keep them from public access.

The Clerk of the Circuit Court is hereby directed to seal immediately the following materials related to this matter and to keep such materials from public access: [select all that apply]

CRITICAL

(B) 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;

(B) 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;

CRITICAL

Trial and appellate court memoranda, drafts of opinions and orders, court conference records, notes, and similar judicial decision-making materials are maintained as confidential unless filed as part of the court record.

(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;

CRITICAL

Sealing court records requires a motion pursuant to Florida Rule of Judicial Administration 2.420(c)(9) identifying whether the party's name on the progress docket, particular documents, the entire court file, or the entire file and progress docket are to be sealed.

THIS MATTER is before the Court on the motion of ____________________ pursuant to Florida Rule of Judicial Administration 2.420(c)(9) for an order sealing the following information relative to this case: [select all that apply] ____ the party’s name on the progress docket. ____ particular documents within the court file, specifically ______________ ________________________________________________________. ____ the entire court file, but not the progress docket. ____ the entire court file and the progress docket.

CRITICAL

Adoption records are maintained as confidential.

Adoption records. § 63.162, Fla. Stat.

CRITICAL

Chapter 39 records relating to dependency, termination of parental rights, guardians ad litem, and child abuse, neglect, and abandonment are maintained as confidential.

Chapter 39 records relating to dependency matters, termination of parental rights, guardians ad litem, child abuse, neglect, and abandonment. § 39.0132(3), Fla. Stat.

CRITICAL

Sexually transmitted disease test results and identity within those results, when provided by the Department of Health or its authorized representative, are confidential.

Sexually transmitted diseases – test results and identity within the test results when provided by the Department of Health or the department's authorized representative. § 384.29, Fla. Stat.

CRITICAL

Birth and death certificates, including court-issued delayed birth certificates and fetal death certificates, are maintained as confidential.

Birth and death certificates, including court-issued delayed birth certificates and fetal death certificates. §§ 382.008(6),

CRITICAL

HIV test results and patient identity must be identified as confidential on the Notice of Confidential Information form.

___ HIV test results and patient identity within the HIV test results. § 381.004(3)(e), Fla. Stat.

CRITICAL

It is further ORDERED that any materials sealed pursuant to this Order shall be conditionally disclosed upon the entry of a further order by this Court finding that such opening is necessary for purposes of judicial or governmental accountability or First Amendment rights.

It is further ORDERED that any materials sealed pursuant to this Order shall be conditionally disclosed upon the entry of a further order by this Court finding that such opening is necessary for purposes of judicial or governmental accountability or First Amendment rights.

CRITICAL

Records determined to be confidential by a lower tribunal must be treated as confidential during any review proceedings.

J. Records of a lower tribunal determined to be confidential by that tribunal. (1) The records must be treated as confidential during any review proceedings;

CRITICAL

A filer who believes in good faith that information is confidential but not described in Rule 2.420(d)(1) must file a 'Motion to Determine Confidentiality of Court Records.'

A person filing information that he or she believes in good faith to be confidential but is not described in Rule 2.420(d)(1) of the Florida Rules of Judicial Administration shall file a “Motion to Determine Confidentiality of Court Records.”

CRITICAL

The court will deny a motion to seal if the moving party fails to establish that confidentiality is necessary to protect an interest under Rule 2.420(c)(9).

being fully advised, the Court DENIES the motion because the moving party has failed to establish that confidentiality of the information sought to be sealed is necessary to protect any interest under Rule 2.420(c)(9).

CRITICAL

Identifying information in Baker Act clinical mental health records must be identified as confidential.

___ Identifying information in clinical mental health records under the Baker Act. § 394.4615(7), Fla. Stat.

CRITICAL

When a party's name is sealed, the Clerk must substitute a designation on the public progress docket, redact the name from all public materials, and record the final judgment without revealing the party's identity, while the docket and file otherwise remain public.

The party's name on the progress docket. On the public progress docket, the Clerk of the Circuit Court shall substitute the following for the party's name: ___________________________________. Further, the Clerk shall ensure that the party's name is redacted from all public materials in the file and that the final judgment is recorded in a manner that does not reveal the identity of the party. However, the progress docket and the file shall otherwise remain available to the public.

CRITICAL

Information disclosing the identity of persons subject to tuberculosis proceedings and Department of Health records in suspected tuberculosis cases are confidential.

Information disclosing the identity of persons subject to tuberculosis proceedings and records of the Department of Health in suspected tuberculosis cases. §§ 392.545, 392.65, Fla. Stat.

CRITICAL

___ Birth and death certificates, including court-issued delayed birth certificates and fetal death certificates. §§ 382.008(6), 382.025(1)(a), Fla. Stat.

___ Birth and death certificates, including court-issued delayed birth certificates and fetal death certificates. §§ 382.008(6), 382.025(1)(a), Fla. Stat.

CRITICAL

Estate inventories and accountings are maintained as confidential.

Estate inventories and accountings. § 733.604(1), Fla. Stat.

CRITICAL

Information identifying victims of sexual offenses, including child sexual abuse, is confidential.

Information identifying victims of sexual offenses, including child sexual abuse. §§ 119.071(2)(h), 119.0714(1)(h), Fla. Stat.

CRITICAL

HIV test results and patient identity within those results are maintained as confidential.

HIV test results and patient identity within those test results. § 381.004(3)(e), Fla. Stat.

CRITICAL

Identifying information in clinical records of detained criminal defendants found incompetent to proceed or acquitted by reason of insanity is confidential.

Identifying information in clinical records of detained criminal defendants found incompetent to proceed or acquitted by reason of insanity. § 916.107(8), Fla. Stat.

CRITICAL

The Clerk must designate and maintain the confidentiality of any court record information described in Rule 2.420 subdivisions (d)(1)(A) or (d)(1)(B).

The Clerk of the Courts for the Eleventh Judicial Circuit of Florida ("Clerk") shall designate and maintain the confidentiality of any information within a court record that is described in subdivision (d)(1)(A) or (d)(1)(B) of Rule 2.420 of the Florida Rules of Judicial Administration.

CRITICAL

Juvenile delinquency records must be identified as confidential, except the form is not required in Ch. 985 juvenile delinquency cases.

___ Juvenile delinquency records. §§ 985.04(1), 985.045(2), Fla. Stat. (If the document is filed in a Ch. 985 juvenile delinquency case, this form is not required.)

CRITICAL

Sealed materials may be disclosed only to circuit judges for case-related reasons, the Chief Judge or designee, adult parties or their attorneys of record, or by further court order.

It is further ORDERED that any materials sealed pursuant to this Order may otherwise be disclosed only as follows: 1. to any judge of this Circuit for case-related reasons; 2. to the Chief Judge or his or her designee; 3. to adult parties or their attorneys of record; or 4. by further order of the Court.

CRITICAL

Case numbers, docket numbers, and other clerk-used case file identifiers can never be determined confidential.

Notwithstanding any of the foregoing, the court may not determine that the case number, docket number, or other number used by the clerk's office to identify the case file is confidential.

CRITICAL

Only names and qualifications of court volunteers are public; all other volunteer application and evaluation information is confidential unless made public by court order based on a showing of materiality or good cause.

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

CRITICAL

Information identifying victims of sexual offenses must be identified as confidential.

___ Information identifying victims of sexual offenses, including child sexual abuse. §§ 119.071(2)(h), 119.0714(1)(h), Fla. Stat.

CRITICAL

Information acquired by courts and law enforcement regarding family services for children is confidential.

Information acquired by courts and law enforcement regarding family services for children. § 984.06(3)-(4), Fla. Stat.

CRITICAL

The order may seal the entire court file and progress docket, removing the docket from all public information systems.

____ 4. The entire court file and the progress docket. The progress docket shall not be available on any public information system.

CRITICAL

Gestational surrogacy records are maintained as confidential.

Gestational surrogacy records. § 742.16(9), Fla. Stat.

CRITICAL

Identifying information in a minor's petition for waiver of parental notice when seeking to terminate pregnancy is confidential.

Identifying information in a petition by a minor for waiver of parental notice when seeking to terminate pregnancy. § 390.01116, Fla. Stat.

CRITICAL

Motions under Rule 2.420(f)(3) must be treated as confidential and docketed under a generic title only until the court rules or orders otherwise.

Any motion made under Rule 2.420(f)(3) must be treated as confidential and indicated on the docket by generic title only, pending a ruling on the motion or further order of the court.

CRITICAL

Court administrative memoranda and advisory opinions are confidential when necessary to protect a compelling governmental interest, the confidentiality must be no broader than necessary, and the confidentiality decision is made by the chief judge.

(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;

CRITICAL

A victim's address in a domestic violence action may be designated confidential on the petitioner's request.

___ Victim's address in domestic violence action on petitioner's request. § 741.30(3)(b), Fla. Stat.

CRITICAL

Copies of arrest and search warrants and supporting affidavits retained by judges, clerks, or court personnel are confidential until execution or until authorities determine execution cannot be made.

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.

CRITICAL

In a domestic violence action, the victim's address is confidential upon the petitioner's request.

The victim's address in a domestic violence action on petitioner's request. § 741.30(3)(b), Fla. Stat.

CRITICAL

Grand jury records are maintained as confidential.

Grand jury records. Ch. 905, Fla. Stat.

CRITICAL

Identifying information in clinical mental health records under the Baker Act is confidential.

Identifying information in clinical mental health records under the Baker Act. § 394.4615(7), Fla. Stat.

CRITICAL

___ Social Security, bank account, charge, debit, and credit card numbers in court records. § 119.0714(1)(i)-(j), (2)(a)-(e), Fla. Stat.

___ Social Security, bank account, charge, debit, and credit card numbers in court records. § 119.0714(1)(i)-(j), (2)(a)-(e), Fla. Stat.

CRITICAL

The closing statement should NOT be filed with the Court and should be submitted to the Court directly under seal or be brought to the hearing if one is held.

The closing statement should NOT be filed with the Court and should be submitted to the Court directly under seal or be brought to the hearing if one is held.

WARNING

Information subject to a Motion to Determine Confidentiality must be treated as confidential by the clerk until the court rules on the motion.

Any information that is subject to a “Motion to Determine Confidentiality of Court Records” must be treated as confidential by the clerk pending the court’s ruling on the motion.

WARNING

The Clerk must post the Notice of Entry of Order Authorizing Sealing on the Clerk's and Court's websites and in the courthouse for at least 30 days and affix a copy of the Order to the outside of the court record.

It is further ORDERED that the Clerk is hereby directed to post a copy of the attached Notice of Entry of Order Authorizing Sealing on the Clerk's and Court's websites and in a prominent location in the courthouse for a period not less than thirty (30) days and to affix a copy of the Order on the outside of the court record.

WARNING

The Clerk may temporarily unseal materials for filing, microfilming, imaging, or appellate transmission, and must reseal them immediately upon completion.

It is further ORDERED that the Clerk is hereby authorized to unseal any materials sealed pursuant to this Order for the purpose of filing, microfilming or imaging files, or transmitting a record to an appellate tribunal. The materials shall be resealed immediately upon completion of the filing.

WARNING

A motion to determine confidentiality may be brought for records such as plea agreements, substantial assistance agreements, or records revealing a confidential informant or active criminal investigative information, on the grounds of preventing a serious and imminent threat to the administration of justice, protecting a compelling governmental interest, avoiding substantial injury to innocent third parties, or complying with established public policy.

In accordance with Rule 2.420(f)(3), a written motion captioned “Motion to Determine Confidentiality of Court Records” may be made to determine whether a court record that pertains to a plea agreement, substantial assistance agreement, or other court record that reveals the identity of a confidential informant or active criminal investigative information is confidential: (a) to prevent a serious and imminent threat to the fair, impartial, and orderly administration of justice; Fla. R. Jud. Admin. 2.420(c)(9)(A)(i); (b) to protect a compelling governmental interest; Fla. R. Jud. Admin. 2.420 (c)(9)(A)(iii); (c) to avoid substantial injury to innocent third parties; Fla. R. Jud. Admin. 2.420 (c)(9)(A)(v); or (d) to comply with established public policy set forth in the Florida or United States Constitution or statutes or Florida rules or case law. Fla. R. Jud. Admin. 2.420(c)(9)(A)(vii).

WARNING

For settlements with confidentiality agreements, a responsible party must be designated to seek and obtain sealing of the limited confidential documentation in the court file under Fla. R. Jud. Admin. 2.420(d).

Which party will take responsibility to seek, and obtain, the appropriate measure to seal the limited documentation in the Court file pursuant to Florida Rules of Judicial Administration, Rule 2.420(d)?

INFO

Confidentiality hearings must be open, but any person may request that all or part of the hearing be conducted in camera to protect Rule 2.420(c) interests.

Pursuant to Rule 2.420(e)(2) of the Florida Rules of Judicial Administration, the hearing must be an open proceeding but any person may request that the court conduct all or part of the hearing in camera to protect the interests outlined in Rule 2.420(c) of the Florida Rules of Judicial Administration.