Judge Javier Enriquez
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Motion, Response, Reply
- Hand Delivery • Three Days Before Hearing
- Upon Filing
Notes, Mortgages
- Mail • After Hearing Is Conducted
Notice Of Cancellation
- On The Date The Hearing Was Scheduled
Notice, Motion, Order
- Upon Filing
Communication
Chambers
Phone
Chambers
Document Format Requirements3 rules
Trial exhibits must follow the division marking convention: Plaintiff exhibits marked for identification as 1-A/1-B/1-C and admitted Plaintiff exhibits as 1/2/3; Defendant exhibits marked for identification as A-1/A-2/A-3 and admitted Defendant exhibits as A/B/C.
Plaintiff will be marked for identification as 1-A, 1-B, 1-C, etc. Plaintiff exhibits admitted into evidence will be marked as 1, 2, 3, etc. Defendant will be marked for identification as A-1, A-2, A-3, etc. Defendant exhibits admitted into evidence will be marked as A, B, C, etc.
All orders submitted through courtMAP must be in Word format.
All orders must be submitted through courtMAP in Word format.
DOCX
Exhibits must be neatly organized and separated, such as in binders with dividers or folders.
Have exhibits neatly organized and separated (binder with dividers, folders, etc.)
Document Filing Requirements32 rules
Both parties must submit a corresponding exhibit list with their exhibits to the clerk.
Both sides need to present a corresponding exhibit list with their exhibits to the clerk.
Document Type
Exhibits
An emergency motion submission must include both the motion and a proposed order uploaded to courtMAP.
Emergency Motions must be submitted through courtMAP (both Motion and Proposed Order must be uploaded).
Document Type
Emergency Motion
Orders of dismissal must specify whether the dismissal applies to an individual defendant or all defendants, or the court may dismiss the entire case.
When submitting an Order of Dismissal, specify whether the Dismissal applies to an individual Defendant or all Defendants, Failure to do so may cause the Court to enter an Order Dismissing the entire case.
Document Type
Order Of Dismissal
Orders setting or resetting sale dates must contain the sale date when submitted through courtMAP, and parties must contact the office for dates before submitting.
All orders setting/resetting sale dates shall contain sale date when submitted through courtMAP, please contact office for dates before submitting through courtMap.
Document Type
Order Setting Or Resetting Sale Date
Motions for default must be submitted with proof of service, affidavit of diligent search, proof of publication where service is by publication, and non-military affidavit(s).
Motions for default must be submitted with proof of service, affidavit of diligent search and proof of publication (where service is by publication) and non-military affidavit(s).
Document Type
Motion For Default
Any person filing a document containing confidential information must file a 'Notice of Confidential Information within Court Filing' with the Clerk at the time of filing.
Any person filing any document containing confidential information shall at the time of filing, file with the Clerk a “Notice of Confidential Information within Court Filing.” A form “Notice of Confidential Information within Court Filing” is attached to this Administrative Order. See Attachment “A.”
Document Type
Document Containing Confidential Information
The Motion to Determine Confidentiality must specify the bases for determining that the records are confidential.
specify the bases for determining that such court records are confidential;
Document Type
Motion To Determine Confidentiality
The Motion to Determine Confidentiality must identify the specific court records at issue with as much specificity as possible without revealing the protected information.
identify the particular court records or a portion of a record that the movant seeks to have determined as confidential with as much specificity as possible without revealing the information subject to the confidentiality determination;
Document Type
Motion To Determine Confidentiality
The Motion to Determine Confidentiality must include standards for determining the records to be confidential (this requirement is only partially visible in the provided text).
standards for determining such court records to be confidential; and
Document Type
Motion To Determine Confidentiality
The Motion to Determine Confidentiality must include a signed certification by the party or attorney that the motion is made in good faith and supported by a sound factual and legal basis.
must include a signed certification by the party or the attorney for the party making the request that the motion is made in good faith and is supported by a sound factual and legal basis.
Document Type
Motion To Determine Confidentiality
An order determining confidentiality must identify the Rule 2.420(c) grounds, any confidential party names and the substituted pseudonyms, whether the progress docket is confidential, the specific confidential information, and the persons permitted to view it.
(2) the particular grounds under Rule 2.420(c) of the Florida Rules of Judicial Administration for determining the information to be confidential; (3) whether any party's name is determined to be confidential and, if so, the particular pseudonym or other term to be substituted for the party's name; (4) whether the progress docket or similar records generated to document activity in the case are determined to be confidential; (5) the particular information that is determined to be confidential; (6) identification of persons who are permitted to view the confidential information;
Document Type
Order Determining Confidentiality
The confidentiality order must include findings that the confidentiality ordered is no broader than necessary, that no less restrictive measures are available, and that the clerk is directed to publish the order under Rule 2.420(e)(4).
(7) that the court finds that: (i) the degree, duration, and manner of confidentiality ordered by the court are no broader than necessary to protect the interests set forth in Rule 2.420(c) of the Florida Rules of Judicial Administration; (ii) no less restrictive measures are available to protect the interests set forth in Rule 2.420(c) of the Florida Rules of Judicial Administration; (iii) the clerk of the court is directed to publish the order in accordance with Rule 2.420(e)(4) of the Florida Rules of Judicial Administration.
Document Type
Order Determining Confidentiality
A nonparty request to vacate a confidentiality order or unseal records must be made by written motion filed in the court, stating the bases with as much specificity as possible and setting forth the specific legal authority and applicable legal standards.
The request: (a) must be made by a written motion filed in that court; (b) must state with as much specificity as possible the bases of the request; and (c) must set forth the specific legal authority and any applicable legal standards supporting the request.
Document Type
Nonparty Motion To Vacate Confidentiality Order
When the underlying order makes party names or addresses confidential, the motion's caption must prominently state 'Confidential Party-Court Service Requested.'
If the subject order determines that the names or addresses of one or more parties are confidential, the movant must state prominently in the caption of the motion "Confidential Party-Court Service Requested."
Document Type
Nonparty Motion To Vacate Confidentiality Order
A written motion seeking a confidentiality determination must be captioned "Motion to Determine Confidentiality of Court Records."
a written motion captioned “Motion to Determine Confidentiality of Court Records” may be made
Document Type
Motion To Determine Confidentiality
In noncriminal cases, a motion to determine the confidentiality of appellate court records must be filed in the appellate court and comply with Rule 2.420(e)(1).
A motion to determine the confidentiality of appellate court records in noncriminal cases under Rule 2.420(c) must be filed in the appellate court and must be in compliance with the guidelines set forth in Rule 2.420(e)(1) of the Florida Rules of Judicial Administration.
Document Type
Motion To Determine Confidentiality Of Appellate Records
Motions to determine the confidentiality of appellate court records must follow the guidelines in Rule 2.420(g)(1)–(9).
The guidelines to file a motion to determine the confidentiality of appellate court records shall be followed as provided for in Rule 2.420(g)(1)–(9) of the Florida Rules of Judicial Administration.
Document Type
Motion To Determine Confidentiality Of Appellate Records
A request for access to records must be in writing, directed to the custodian, and specific enough for the custodian to identify the requested records.
Request for access to records shall: (1) be in writing; (2) be directed to the custodian; and (3) provide sufficient specificity to enable the custodian to identify the requested records.
Document Type
Request For Access To Records
At the time of filing, the filer must indicate whether the document contains confidential information, identify the applicable confidentiality provision, and identify the precise location of that information within the document.
Pursuant to Florida Rule of Judicial Administration 2.420(d)(2), the filer of a court record at the time of filing shall indicate whether any confidential information is included within the document being filed; identify the confidentiality provision that applies to the identified information; and identify the precise location of the confidential information within the document being filed.
Document Type
Notice Of Confidential Information
A sealing order must include findings that no less restrictive measure is available and that the confidentiality imposed is no broader than necessary.
The Court further finds that no less restrictive measure is available to protect this/these interest(s), and that the degree, duration and manner of confidentiality ordered herein are no broader than necessary to protect the interest(s).
Document Type
Order Authorizing Sealing
The case style must be included on the notice only when documents alone were sealed; it must be redacted when a file, the file and docket, or a party's identity was sealed.
NOTE: INCLUDE CASE STYLE ONLY IN CASES WHERE A DOCUMENT OR DOCUMENTS ALONE HAVE BEEN SEALED. IN CASES WHERE A FILE, FILE AND DOCKET, OR A PARTY'S IDENTITY HAS BEEN SEALED, REDACT THE CASE STYLE.
Document Type
Notice Of Entry Of Order Authorizing Sealing
Both parties must identify to the clerk which exhibits have been stipulated to.
Both sides need to identify to the clerk which exhibits have been stipulated to.
Document Type
Exhibits
Original notes must not be delivered to the court unless the court instructs or a final judgment has been entered.
DO NOT DELIVER ORIGINAL NOTES UNLESS THE COURT INSTRUCTS YOU OR A FINAL JUDGMENT HAS BEEN ENTERED.
Document Type
Original Notes
When submitting an agreed order, the AGREED order option must be selected or the order will not be titled 'Agreed'.
If you are submitting an AGREED order, please select the AGREED order option; otherwise, the order will not be titled "Agreed".
Document Type
Agreed Order
Orders affecting the confidentiality/sealing of court records must comply with Rule 2.420 of the Florida Rules of Judicial Administration and the attached sample orders.
comply with Rule 2.420 of the Florida Rules of Judicial Administration and the attached sample orders.
Document Type
Sealing Order
The moving party must ensure a complete record of the confidentiality hearing is created, either by court reporter or by a court-provided recording device.
The moving party shall be responsible for ensuring that a complete record of any hearing held pursuant to this subdivision be created, either by use of a court reporter or by any recording device that is provided as a matter of right by the court.
Document Type
Hearing Record
An order granting in whole or part a Motion to Determine Confidentiality must state required specifics without revealing the protected information (the enumerated items continue beyond this excerpt).
An Order granting in whole or in part a “Motion to Determine Confidentiality of Court Records” filed under Rule 2.420(e) of the Florida Rules of Judicial Administration must state the following with as much specificity as possible without revealing the information subject to the confidentiality determination:
Document Type
Order Granting Motion To Determine Confidentiality
An order granting in whole or in part a Rule 2.420(g)(1) confidentiality motion must comply with the guidelines in Rule 2.420(e)(3)(A)-(H).
Any order granting in whole or in part a motion filed under Rule 2.420(g)(1) must be in compliance with the guidelines set forth in Rule 2.420(e)(3)(A)-(H) of the Florida Rules of Judicial Administration.
Document Type
Order Granting Confidentiality Motion
Motions to determine confidentiality of court records use the accompanying form order in Attachment B of the Administrative Order.
A form "Order Granting/Denying Motion to Determine Confidentiality of Court Records" accompanies this Administrative Order. See Attachment "B."
Document Type
Motion To Determine Confidentiality Of Court Records
Notice of entry of an order authorizing sealing must use the accompanying form in Attachment C of the Administrative Order.
A form "Notice of Entry of Order Authorizing Sealing" accompanies this Administrative Order. See Attachment "C."
Document Type
Notice Of Entry Of Order Authorizing Sealing
The Notice of Entry must state the date the court entered the order authorizing sealing of court documents pursuant to Florida Rule of Judicial Administration 2.420(c)(9).
BE ADVISED that on the _______ day of ______________, 20___, the Court entered an Order in the above-referenced matter authorizing the sealing of court documents pursuant to Florida Rule of Judicial Administration 2.420(c)(9).
Document Type
Notice Of Entry Of Order Authorizing Sealing
The Notice of Confidential Information within Court Filing form is not required for documents filed within a Chapter 39 case.
(If the document is filed within a Chapter 39 case, this form is not required.)
Document Type
Notice Of Confidential Information
Filing & Service rules
Electronic Filing Rules
Emergency motions must be filed electronically through the courtMAP portal.
Emergency Motions must be submitted through courtMAP (both Motion and Proposed Order must be uploaded).
Page 1 | Additional Instructions - Emergency Motions
Emergency motions must be filed with the Clerk of Court before being uploaded through courtMAP using the Workbench > New > Emergency Motion > Input Case Number steps.
Emergency Motions must be filed with the Clerk of Court prior to submitting it through courtMAP. Upload Emergency Motion via courtMAP following these steps: Workbench > New > Emergency Motion > Input Case Number
Page 1 | Additional Instructions
All orders must be submitted through courtMAP.
All orders must be submitted through courtMAP in Word format.
Page 1 | Proposed Orders Submission Instructions
To cancel a special set hearing, the party who placed the matter on calendar must e-file a Notice of Cancellation with the Clerk's Office.
If you are CANCELLING a Special Set hearing, the party who placed the matter on calendar must e-file a Notice of Cancellation with the Clerk's Office and submit a copy of the Notice through CourtMAP under supporting documents on the date the hearing was supposed to take place and immediately contact Chambers 305-349-7157 letting us know of the cancellation.
Page 1 | Special Set Hearing Instructions
To cancel a foreclosure hearing, the moving party must e-file and serve a Notice of Cancellation and also cancel the hearing on courtMAP.
To CANCEL a hearing, the moving party must e-file and serve a Notice of Cancellation and cancel the hearing on courtMAP.
Page 1 | Foreclosure Calendar Information
Foreclosure trials must be set by the Plaintiff using courtMAP.
Foreclosure Trials shall be set by Plaintiff using courtMAP.
Page 1 | Foreclosure Trials
E-filing only files documents with the Clerk's Office and does not place matters on the Judge's Motion Calendar; courtMAP must be used to submit courtesy copies to chambers electronically.
PLEASE NOTE: E-filing is not the same as courtMAP: Matters that are only e-filed WILL NOT automatically upload to the Judge's Motion Calendar. E-filing is for documents to be filed with the Clerk's Office electronically. CourtMAP is used to submit courtesy copies to chambers electronically.
Page 1 | Foreclosure Calendar Information
Filing Timing and Cure Windows
Motions must be noticed for hearing at least 7 calendar days before the hearing date.
Notice Before Hearing: 7 Calendar Days
Page 1 | CBL Motion Calendar Information
Foreclosure calendar hearings require notice to be given 7 calendar days before the hearing.
Notice Before Hearing: 7 Calendar Days
Page 1 | Foreclosure Calendar Information
For foreclosure calendar hearings, parties must give 7 business days' notice.
Must give 7 Business Days' Notice.
Page 1 | Foreclosure Calendar Information
Filed information may be held confidential for no more than 10 days unless the filer has filed a motion under Rule 2.420(d)(3).
The information shall not be held as confidential for more than 10 days, unless the filer has filed a motion pursuant to Rule 2.420(d)(3) of the Florida Rules of Judicial Administration.
Page 5 | 3. Notice of Confidential Information within Court Filing
Notice of an order granting in whole or part a motion to determine confidentiality must be given by the clerk posting the order on the clerk's website and in a prominent courthouse location within 10 days after entry of the order.
Except as provided by law or court rule, notice must be given of any order granting in whole or in part a motion made under Rule 2.420(e)(1) of the Florida Rules of Judicial Administration in the following manner: (1) Within 10 days following the entry of the order, the clerk of court must post a copy of the order on the clerk's website and in a prominent public location in the courthouse;
Page 7 | J. Clerk's posting of entry of an order granting in whole or in part a Motion to Determine Confidentiality
A response to the motion may be served within 10 days of service of the motion.
A response to a motion may be served within 10 days of service of the motion.
Page 12 | G. Nonparty's request to vacate all or part of an order issued under Rule 2.420(g)(3) or unsealing of records designated as confidential under Rule 2.420(d)
The clerk must notify the filer in writing within 5 days if designated information is not confidential, and records may not be held confidential for more than 10 days unless a motion is filed under subdivision (d)(3).
The clerk shall notify the filer in writing within 5 days if the clerk determines that the information is NOT subject to confidentiality, and the records shall not be held as confidential for more than 10 days, unless a motion is filed pursuant to subdivision (d)(3) of the Rule. Fla. R. Jud. Admin. 2.420(d)(2).
Page 18 | Note - Fla. R. Jud. Admin. 2.420(d)(2)
If the clerk determines filed information is not subject to confidentiality, the clerk must notify the filer in writing within 5 days of filing and keep the information confidential for 10 days after service of that notice.
If the clerk determines that filed information is not subject to confidentiality under the identified provision, the clerk shall notify the person who filed the document in writing within 5 days of the filing and thereafter shall maintain the information as confidential for 10 days from the day such notice is served.
Page 5 | 3. Notice of Confidential Information within Court Filing
The court must hold a hearing within 30 days after a Motion to Determine Confidentiality is filed and before ruling, unless the motion states that all parties agree to all requested relief.
Except when a motion filed under Rule 2.420(e)(1) of the Florida Rules of Judicial Administration represents that all parties agree to all of the relief requested, the court must, as soon as practicable but no later than 30 days after the filing of a motion under this subdivision, hold a hearing before ruling on the motion.
Page 6 | 4. Motion to Determine Confidentiality of Court Records
The court must rule on the Motion to Determine Confidentiality within 30 days of the hearing.
The court must issue a ruling on the “Motion to Determine Confidentiality of Court Records” within 30 days of the hearing.
Page 6 | 4. Motion to Determine Confidentiality of Court Records
Truncated fragment of subdivision J(2) indicating a 30-day period applicable to the clerk's posted notice of a confidentiality order; the beginning of the provision is missing from the source text.
than 30 days.
Page 8 | J. Clerk's posting of entry of an order granting in whole or in part a Motion to Determine Confidentiality
The posted sealing order must remain posted for no less than 30 days.
The order must remain posted for no less than 30 days.
Page 12 | 2.420(g)(1)
Within 10 days after entry of an order granting a Rule 2.420(g)(1) motion, the appellate clerk must post the order on its website and send it to the lower tribunal clerk with directions to seal the identified records.
Except as provided by law, within 10 days following the entry of an order granting a motion under Rule 2.420(g)(1), the clerk of the appellate court must post a copy of the order on the clerk's website and provide a copy of the order to the clerk of the lower tribunal, with directions that the clerk is to seal the records identified in the order.
Page 12 | 2.420(g)(1)
The clerk notice-and-posting requirement of subdivision J does not apply to orders determining that court records are confidential under Rule 2.420(c)(7) or (c)(8).
This subdivision shall not apply to orders determining that court records are confidential under Rule 2.420(c)(7) or Rule 2.420(c)(8) of the Florida Rules of Judicial Administration.
Page 8 | J. Clerk's posting of entry of an order granting in whole or in part a Motion to Determine Confidentiality
Service and Proof of Service Rules
The movant of a nonparty motion to vacate a confidentiality order or unseal records must serve all parties and all affected non-parties with the motion.
The movant must serve all parties and all affected non-parties with a copy of the motion.
Page 8 | K. Nonparty's request to vacate all or part of an order granting in whole or part a Motion to Determine Confidentiality of Court Records
When party names or addresses are confidential, the Court (not the movant) must serve the motion on all parties and affected non-parties in a manner that does not reveal the confidential information.
The Court shall be responsible for providing a copy of the motion to all parties and all affected non-parties in such a way as not to reveal the confidential information to the movant.
Page 8 | K. Nonparty's request to vacate all or part of an order granting in whole or part a Motion to Determine Confidentiality of Court Records
The Notice of Confidential Information form must include a certificate of service stating the service method (U.S. mail or personal service), recipient, and date.
I HEREBY CERTIFY that a copy of the foregoing was furnished by U.S. mail/ personal service to: __________, on __________, 20 ___.
Page 18 | Certificate of Service
When the motion states 'Confidential Party – Court Service Requested,' the court serves the motion on all parties and affected non-parties without revealing confidential information to the movant.
The Court shall be responsible for providing a copy of the motion to all parties and all affected non-parties in such a way as not to reveal the confidential information to the movant when the motion states "Confidential Party – Court Service Requested."
Page 12 | G. Nonparty's request to vacate all or part of an order issued under Rule 2.420(g)(3) or unsealing of records designated as confidential under Rule 2.420(d)
Filing Fees and Waivers
Copy fees for judicial branch records follow the section 119.07, Florida Statutes (2001) fee schedule, except for copies of court records.
Fees for copies of records. Fees for copies of records in all entities in the judicial branch of government, except for copies of court records, shall be the same as those provided in section 119.07, Florida Statutes (2001).
Page 14 | 8. Procedure to request access to records under Rule 2.420 - E. Fees for copies of records
Courtesy Copy Requirements
The moving party on any motion (motion calendar or special set) must upload all filings related to the motion—including the motion, any response, and any reply—as supporting documents on courtMAP, or the motion will not be heard.
THE MOVING PARTY ON ANY MOTION TO BE HEARD (MOTION CALENDAR OR SPECIAL SETS) SHALL UPLOAD AS A SUPPORTING DOCUMENT ON COURTMAP, ALL FILINGS RELATED TO THE MOTION, INCLUDING, BUT NOT LIMITED, TO THE MOTION, ANY RESPONSE AND ANY REPLY. FAILURE TO COMPLY WITH THIS REQUIREMENT WILL RESULT IN THE MOTION NOT BEING HEARD.
Page 1 | Motion to Be Heard Requirements (Motion Calendar or Special Sets)
Hard copies of motions, responses, and replies must be delivered to chambers three days before special set hearings, in addition to uploading them to courtMAP.
For Special Set hearings please provide hard copies (delivered to chambers) of Motions, Response and Reply three days before the hearing date, as well as uploading them to courtMAP.
Page 1 | Special Set Hearing Instructions
A copy of the Notice of Cancellation must be submitted through courtMAP under supporting documents on the date the cancelled hearing was scheduled.
If you are CANCELLING a Special Set hearing, the party who placed the matter on calendar must e-file a Notice of Cancellation with the Clerk's Office and submit a copy of the Notice through CourtMAP under supporting documents on the date the hearing was supposed to take place and immediately contact Chambers 305-349-7157 letting us know of the cancellation.
Page 1 | Special Set Hearing Instructions
Copies of the notice, motion, and orders for foreclosure calendar hearings must be submitted through courtMAP, and motions will not be heard without the uploaded copies.
Copies of the Notice, Motion, and Orders must be submitted through courtMAP. Motions will not be heard if copies of motions are not uploaded through courtMAP.
Page 1 | Foreclosure Calendar Information
Notes and mortgages must be mailed to chambers after the hearing is conducted, and original documents must not be mailed before the hearing.
Notes and Mortgages must be MAILED to chambers AFTER the hearing is conducted. Please DO NOT mail in the original documents before the hearing.
Page 1 | Foreclosure Calendar Information
Sealing & Redaction Procedures
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;
Page 2 | A. Subdivision (d)(1)(A) of Rule 2.420 - Information maintained as confidential
Complaints alleging misconduct against court-regulated entities or individuals are confidential until a probable cause finding is made, which should occur within any legally set time limit or, if none, 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;
Page 2 | A. Subdivision (d)(1)(A) of Rule 2.420 - Information maintained as confidential
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;
Page 2 | A. Subdivision (d)(1)(A) of Rule 2.420 - Information maintained as confidential
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.
Page 2 | The Clerk shall designate and maintain the confidentiality of any information within a court record
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;
Page 2 | A. Subdivision (d)(1)(A) of Rule 2.420 - Information maintained as confidential
Social Security, bank account, charge, debit, and credit card numbers in court records are confidential, with the exemption effective January 1, 2011 unless redaction is requested under § 119.0714(2).
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.)
Page 3 | B. Subdivision (d)(1)(B)(i)-(xix) of Rule 2.420 - Information maintained as confidential
Adoption records are maintained as confidential.
Adoption records. § 63.162, Fla. Stat.
Page 3 | B. Subdivision (d)(1)(B)(i)-(xix) of Rule 2.420 - Information maintained as confidential
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.
Page 3 | B. Subdivision (d)(1)(B)(i)-(xix) of Rule 2.420 - Information maintained as confidential
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.
Page 3 | B. Subdivision (d)(1)(B)(i)-(xix) of Rule 2.420 - Information maintained as confidential
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),
Page 3 | B. Subdivision (d)(1)(B)(i)-(xix) of Rule 2.420 - Information maintained as confidential
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.
Page 3 | B. Subdivision (d)(1)(B)(i)-(xix) of Rule 2.420 - Information maintained as confidential
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
Page 3 | A. Subdivision (d)(1)(A) of Rule 2.420 - Information maintained as confidential
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.
Page 3 | A. Subdivision (d)(1)(A) of Rule 2.420 - Information maintained as confidential
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.
Page 4 | B. Subdivision (d)(1)(B)(i)-(xix) of Rule 2.420 - Information maintained as confidential
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.
Page 4 | B. Subdivision (d)(1)(B)(i)-(xix) of Rule 2.420 - Information maintained as confidential
Juvenile delinquency records are maintained as confidential.
Juvenile delinquency records. §§ 985.04(1), 985.045(2), Fla. Stat.
Page 4 | B. Subdivision (d)(1)(B)(i)-(xix) of Rule 2.420 - Information maintained as confidential
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.
Page 4 | B. Subdivision (d)(1)(B)(i)-(xix) of Rule 2.420 - Information maintained as confidential
Estate inventories and accountings are maintained as confidential.
Estate inventories and accountings. § 733.604(1), Fla. Stat.
Page 4 | B. Subdivision (d)(1)(B)(i)-(xix) of Rule 2.420 - Information maintained as confidential
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.
Page 4 | B. Subdivision (d)(1)(B)(i)-(xix) of Rule 2.420 - Information maintained as confidential
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.
Page 4 | B. Subdivision (d)(1)(B)(i)-(xix) of Rule 2.420 - Information maintained as confidential
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.
Page 4 | B. Subdivision (d)(1)(B)(i)-(xix) of Rule 2.420 - Information maintained as confidential
Gestational surrogacy records are maintained as confidential.
Gestational surrogacy records. § 742.16(9), Fla. Stat.
Page 4 | B. Subdivision (d)(1)(B)(i)-(xix) of Rule 2.420 - Information maintained as confidential
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.
Page 4 | B. Subdivision (d)(1)(B)(i)-(xix) of Rule 2.420 - Information maintained as confidential
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.
Page 4 | B. Subdivision (d)(1)(B)(i)-(xix) of Rule 2.420 - Information maintained as confidential
Grand jury records are maintained as confidential.
Grand jury records. Ch. 905, Fla. Stat.
Page 4 | B. Subdivision (d)(1)(B)(i)-(xix) of Rule 2.420 - Information maintained as confidential
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.
Page 4 | B. Subdivision (d)(1)(B)(i)-(xix) of Rule 2.420 - Information maintained as confidential
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.”
Page 5 | 4. Motion to Determine Confidentiality of Court Records
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.
Page 6 | 4. Motion to Determine Confidentiality of Court Records
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.
Page 10 | C. Rule 2.420(f)(3) of the Florida Rules of Judicial Administration. (3)
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.
Page 10 | C. Rule 2.420(f)(3) of the Florida Rules of Judicial Administration. (2)
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
Page 12 | H
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;
Page 13 | J. Records of a lower tribunal determined to be confidential by that tribunal
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.
Page 17 | Notice of Confidential Information within Court Filing
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.
Page 17 | Notice of Confidential Information within Court Filing
Birth and death certificates must be identified as confidential on the Notice of Confidential Information form.
___ Birth and death certificates, including court-issued delayed birth certificates and fetal death certificates. §§ 382.008(6), 382.025(1)(a), Fla. Stat.
Page 17 | Notice of Confidential Information within Court Filing
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.
Page 17 | Notice of Confidential Information within Court Filing
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.
Page 17 | Notice of Confidential Information within Court Filing
Social Security and financial account numbers in court records must be identified as confidential on the Notice of Confidential Information form.
___ Social Security, bank account, charge, debit, and credit card numbers in court records. § 119.0714(1)(i)-(j), (2)(a)-(e), Fla. Stat.
Page 17 | Notice of Confidential Information within Court Filing
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.)
Page 18 | Notice of Confidential Information within Court Filing
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.
Page 19 | ORDER GRANTING/DENYING MOTION TO SEAL PURSUANT TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.420(c)(9)
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
Page 20 | ORDER GRANTING/DENYING MOTION TO SEAL PURSUANT TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.420(c)(9)
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).
Page 20 | ORDER GRANTING/DENYING MOTION TO SEAL PURSUANT TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.420(c)(9)
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.
Page 21 | Order Authorizing Sealing
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]
Page 21 | Order Authorizing Sealing
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.
Page 21 | Order Authorizing Sealing
Sealed materials may be opened only upon a further court order finding that disclosure is necessary for 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.
Page 22 | Order Authorizing Sealing
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.
Page 22 | Order Authorizing Sealing
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.
Page 22 | Order Authorizing Sealing
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.
Page 6 | 4. Motion to Determine Confidentiality of Court Records
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).
Page 10 | C. Rule 2.420(f)(3) of the Florida Rules of Judicial Administration. (1)
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.
Page 22 | Order Authorizing Sealing
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.
Page 22 | Order Authorizing Sealing
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.
Page 6 | 4. Motion to Determine Confidentiality of Court Records
Filing Bundling Requirements
Proposed orders must be uploaded separately and not bundled with any other materials being submitted.
Proposed Orders must be uploaded separate and apart from any other materials being submitted.
Page 1 | Proposed Orders Submission Instructions
Pre-Motion Conference Requirements
All parties must meet and confer as required by CBL Rule 4.3 before filing an emergency motion.
All Parties must comply with CBL Rule 4.3, which refers to the requirement for the parties to Meet and Confer, before filing the emergency motion.
Page 1 | Additional Instructions - Emergency Motions
Adjournment & Extension Requirements
Motions to extend case management deadlines must be set for a hearing and cannot be handled without one.
All Motions to extend case management deadlines must be set for hearing.
Page 1 | Important Information
Motions to continue a trial must comply with Florida Rule of Civil Procedure 1.460.
All Motions that continue a Trial must comply with Florida Rule of Civil Procedure 1.460.
Page 1 | Important Information
Extensions of a confidentiality order may be granted for 60-day periods and require the filing of a new motion under Rule 2.420(f).
Extensions of an order issued hereunder may be granted for 60-day periods, but each such extension may be ordered only upon the filing of another motion in accordance with the procedures set forth under Rule 2.420(f).
Page 11
Chambers Communication Rules
The cancelling party must immediately contact chambers at 305-349-7157 to notify them of the special set hearing cancellation.
If you are CANCELLING a Special Set hearing, the party who placed the matter on calendar must e-file a Notice of Cancellation with the Clerk's Office and submit a copy of the Notice through CourtMAP under supporting documents on the date the hearing was supposed to take place and immediately contact Chambers 305-349-7157 letting us know of the cancellation.
Page 1 | Special Set Hearing Instructions
Parties must contact chambers in advance to identify evidentiary hearings so the court can schedule a courtroom clerk to appear.
If you require an Evidentiary Hearing please contact chambers letting us know this will be an evidentiary hearing, so that the court can schedule the appearance of a Courtroom Clerk at the Hearing.
Page 1 | Special Set Hearing Instructions
For special set hearings requiring more than 60 minutes, parties must email chambers a copy of the motion with the amount of time requested.
If your Special Set hearings requires more than 60 minutes, please e-mail chambers a copy of the Motion with the amount of time you are requesting.
Page 1 | Special Set Hearing Instructions
Chambers (Judicial Assistant) may be contacted by email at eacosta-serret@jud11.flcourts.org.
Judicial Assistant E-mail: eacosta-serret@jud11.flcourts.org
Page 1 | Division Contact Information
Chambers may be contacted by phone at (305) 349-7157.
Phone: (305) 349-7157
Page 1 | Division Contact Information