Florida

Family Law

Family Law

Rule 12.400 – CONFIDENTIALITY OF RECORDS AND PROCEEDINGS

(a) Closure of Proceedings or Records. Closure of court proceedings or sealing of records may be ordered by the court only as provided by Florida Rule of Judicial Administration 2.420.
(b) Filing of Sensitive Information. All documents containing sensitive information must be filed in conformity with Florida Rule of Judicial Administration 2.425.
(c) In Camera Inspections. The court must conduct an in camera inspection of any records sought to be sealed and consider the contents of the records in determining whether they should be sealed.
(d) Conditional Sealing of Financial Information.

(1) The court has the authority to conditionally seal the financial information required by rule 12.285 if it is likely that access to the information would subject a party to abuse, such as the use of the information by third parties for purposes unrelated to government or judicial accountability or to first amendment rights. Any such order sealing the financial information is conditional in that the information must be disclosed to any person who establishes that disclosure of the information is necessary for government or judicial accountability or has a proper first amendment right to the information.
(2) Notice of conditional sealing shall be as required by Florida Rule of Judicial Administration 2.420(d).
(3) Upon receipt of a motion to reopen conditionally sealed financial information, the court must schedule a hearing on the motion with notice provided to the movant and parties.

FL. Fam. Law. R. P. 12.400

Amended by 227 So.3d 115, effective 1/1/2018; amended by 995 So.2d 407, effective 1/1/2009; amended by 853 So.2d 303, effective 1/1/2004.

Commentary.

1995 Adoption. Judicial proceedings and records should be public except when substantial compelling circumstances, especially the protection of children or of business trade secrets, require otherwise. Family law matters frequently present such circumstances. It is intended that this rule be applied to protect the interests of minor children from offensive testimony and to protect children in a divorce proceeding.

2003 Amendment. The adoption of a procedure for conditional sealing of the financial information does not change the burden of proof for closure of filed records of court proceedings set forth in Barron v. Florida Freedom Newspapers, Inc., 531 So.2d 113, 118 (Fla. 1988).