1 IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT IN AND FOR

IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA

ADMINISTRATIVE ORDER NO. 2013-024 PA/PI-CIR

RE: SEALING OF COURT RECORDS

The Florida Supreme Court adopted amendments to Rule of Judicial Administration

2.420 effective May 1, 2013. In re: Amendments to Florida Rule of Judicial Administration

2.420, No. SC11-2466 (Fla. 2013). In these amendments, several changes were made to

subsections (d)(1)(B) and (d)(2) of the rule, as well as the form “Notice of Confidential

Information within Court Filing” that accompanied the rule. Accordingly, it is necessary to

update the procedures in the Sixth Judicial Circuit.

In accordance with the Chief Judge’s authority under Article V, section 2, Florida

Constitution, Rule of Judicial Administration 2.215, and section 43.26, Florida Statutes, it is

hereby

ORDERED:

Administrative Order 2010-065 is amended as follows:

Section I.A. is amended to read:

A. Notice of Confidential Information Within Court Filing

The filer of court records must, in accordance with Rule of Judicial Administration

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). The 20

items in this rule, which require a filer to file a “Notice of Confidential Information Within Court

Filing,” are listed in Appendix A. The “Notice of Confidential Information Within Court Filing”

is attached as Appendix B. If the document is filed in one of the following types of cases, which

are sealed and maintained by the Clerks of the Circuit Court as confidential, the Notice is not

required:

1. Dependency, sections 39.0132(3)-(4), Florida Statutes.

2. Termination of Parental Rights, sections 39.814(3)-(4), Florida Statutes.

3. Adoption, section 63.162(2), Florida Statutes.

4. Surrogacy, section 742.16(9), Florida Statutes.

5. Children and Families in Need of Services, sections 984.06(3)-(4), Florida Statutes.

6. Delinquency, section 985.05(2), Florida Statutes.

7. Waiver of Parental Notification of Termination of Pregnancy, sections

390.01114 -.01116 and Florida Juvenile Procedure Rule 8.835.

If a document from one of these case types listed in 1-7 is filed in any other case, the Notice

must be filed with the document.

Paragraph one of Section I.B. is amended to read:

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 of Judicial Administration

2.420(d)(3), ascertain whether any information contained within the document is confidential but

is not one of the 20 items listed in Rule 2.420(d)(1)(B). If the document includes confidential

information that is not one of the 20 items, 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.

Appendix A to Administrative Order 2010-065 PA/PI-CIR is amended as attached to this

Administrative Order. Appendix B to Administrative Order 2010-065 PA/PI-CIR is amended as

attached to this Administrative Order. All other provisions of Administrative Order 2010-065

PA/PI-CIR shall remain in full force and effect.

DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida, this ____

day of _________ 2013.

ORIGINAL SIGNED June 12, 2013

BY J. THOMAS MCGRADY, CHIEF JUDGE

Appendix A: Confidential Records and Information for Which a Notice of Confidential

Information within Court Filing Is Required

Appendix B: Notice of Confidential Information Within Court Filing

cc: All Judges

The Honorable Bernie McCabe, State Attorney

The Honorable Bob Dillinger, Public Defender

The Honorable Ken Burke, Clerk of the Circuit Court, Pinellas County

The Honorable Paula S. O’Neil, Clerk of the Circuit Court, Pasco County

The Honorable Bob Gualtieri, Sheriff, Pinellas County

The Honorable Chris Nocco, Sheriff, Pasco County

Gay Inskeep, Trial Courts Administrator

Ngozi Acholonu, Assistant Regional Counsel

Lillian Simon, Director of Administrative Services for Pasco County

Kimberly Collins, Director of Criminal Courts, Pasco County Clerk’s Office

Myriam Irizarry, Chief Deputy Director, Pinellas County Clerk’s Office

Bar Associations, Pasco and Pinellas Counties

Law Libraries, Pasco and Pinellas Counties

Sixth Circuit Administrative Order 2013-024 – Appendix A

APPENDIX A

Confidential Records and Information for Which a Notice of Confidential Information

within Court Filing Is Required

See Rule of Judicial Administration 2.420(d)(1)(B)

(i) Chapter 39 records relating to dependency matters, termination of parental rights,

guardians ad litem, child abuse, neglect, and abandonment. §§ 39.0132(3),

39.0132(4)(a), Fla. Stat.

(ii) Adoption records. § 63.162, Fla. Stat.

(iii) Social Security, bank account, charge, debit, and credit card numbers.

§ 119.0714(1)(i)-(j), (2)(a)-(e), Fla. Stat. (Unless redaction is requested pursuant to

§ 119.0714(2), Fla. Stat., this information is exempt only as of January 1, 2012.)

(iv) HIV test results and the identity of any person upon whom an HIV test has been

performed. § 381.004(3)(e), Fla. Stat.

(v) Records, including test results, held by the Department of Health or its authorized

representatives relating to sexually transmissible diseases. § 384.29, Fla. Stat.

(vi) Birth records and portions of death and fetal death records. §§ 382.008(6),

382.025(1), Fla. Stat.

(vii) Information that can be used to identify a minor petitioning for a waiver of parental

notice when seeking to terminate pregnancy. § 390.01116, Fla. Stat.

(viii) Clinical records under the Baker Act. § 394.4615(7), Fla. Stat.

(ix) Records of substance abuse service providers which pertain to the identity, diagnosis,

and prognosis of and service provision to individuals. § 397.501(7), Fla. Stat.

(x) Clinical records of criminal defendants found incompetent to proceed or acquitted by

reason of insanity. § 916.107(8), Fla. Stat.

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

(xii) The victim's address in a domestic violence action on petitioner's request.

§ 741.30(3)(b), Fla. Stat.

(xiii) Protected information regarding victims of child abuse or sexual offenses.

§§ 119.071(2)(h), 119.0714(1)(h), Fla. Stat.

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

(xv) Guardianship reports, orders appointing court monitors, and orders relating to

findings of no probable cause in guardianship cases. §§ 744.1076, 744.3701, Fla. Stat.

(xvi) Grand jury records. §§ 905.17, 905.28(1), Fla. Stat.

(xvii) Records acquired by courts and law enforcement regarding family services for

children. § 984.06(3)-(4), Fla. Stat.

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

(xix) Records disclosing the identity of persons subject to tuberculosis proceedings and

records held by the Department of Health or its authorized representatives relating to

known or suspected cases of tuberculosis or exposure to tuberculosis. §§ 392.545,

392.65, Fla. Stat.

(xx) Complete presentence investigation reports. Fla. R. Crim. P. 3.712.

Sixth Circuit Administrative Order 2013-024 – Appendix B

APPENDIX B

IN THE _______________ COURT OF THE SIXTH JUDICIAL CIRCUIT

IN AND FOR ________________ COUNTY, FLORIDA

________________________ DIVISION

__________________________

Plaintiff/Petitioner, CASE NO.: ______________________

__________________________

Defendant/Respondent.

______________________________/

NOTICE OF CONFIDENTIAL INFORMATION WITHIN COURT FILING

Pursuant to Florida Rule of Judicial Administration 2.420(d)(2), I hereby certify:

( ) (1) I am filing herewith a document containing confidential information as described in

Rule 2.420(d)(1)(B) and that:

(a) The title/type of document is:____________________________________, and:

(b) [ ] the entire document is confidential, or

[ ] the confidential information within the document is precisely located at:

_________________________________________________________________.

( ) (2) A document was previously filed in this case that contains confidential information as

described in Rule 2.420(d)(1)(B), but a Notice of Confidential Information within Court

Filing was not filed with the document and the confidential information was not

maintained as confidential by the clerk of the court. I hereby notify the clerk that this

confidential information is located as follows:

(a) Title/type of document:______________________________________________;

(b) Date of filing (if known): ____________________________________________;

(d) Docket entry number: _______________________________________________;

(e) [ ] Entire document is confidential, or

[ ] Precise location of confidential information in document: _____________

_________________________________________________________________.

___________________________________

Filer’s Signature

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing was furnished by (e-mail) (delivery)

(mail) (fax): (All Parties and Affected Non-Parties. Note: If the name or address of a Party or

Affected Non-Party is confidential DO NOT include such information in this Certificate of

Service. Instead, serve the State Attorney or request Court Service. See Rule 2.420(k))

____________________________________, on ___________________________, 20____.

Sixth Circuit Administrative Order 2013-024 – Appendix B

Name______________________________________

Address_____________________________________

Phone______________________________________

Florida Bar No. (if applicable)____________________

E-mail address_______________________________