Changes to Information Released in Injunction Proceedings and Confidentiality of Baker Act Records

Newly enacted legislation and resulting amendments to Rule 2.420 Fla. R. Jud. Admin., have resulted in changes to the way that the Clerk’s office must handle injunction proceedings as well as the confidentiality of records under the Baker Act.

 

Domestic Violence Injunctions

Effective immediately, the Clerk’s office cannot provide any information for injunction cases to customers until we have proof the respondent was personally served by law enforcement. We cannot even acknowledge a case exists until service is perfected.

 

“[i]nformation that can be used to identify a petitioner or respondent in a petition for an injunction against domestic violence, repeat violence, dating violence, sexual violence, stalking, or cyberstalking, and any affidavits, notice of hearing, and temporary injunction until the respondent has been personally served with a copy of the petition for injunction, affidavits, notice of hearing, and temporary injunction”

                                                                                                                     

Once the respondent has been served, the Clerk’s office is able to provide information to the extent and in the same manner as before the rule was amended.

 

 

Baker Act

Another amendment to the rule requires the Clerk’s office to maintain all records under the Baker Act as confidential.

 

The Court amends rule 2.420(d)(1)(B)(viii) to add “all petitions, court orders, and related records under the Baker Act” as a category of court records that the clerk must designate and maintain as confidential under the rule.

 

 

Thank you for your patience as we all become accustomed to this change. If you have any questions, please contact our Family Law office at 863-534-4165.