Fla. Fam. L. R. P. 12.400

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 General Practice and Judicial

Administration 2.420.

(b) Filing of Sensitive Information. All documents

containing sensitive information must be filed in conformity with

Florida Rule of General Practice and 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

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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 is as required by

Florida Rule of General Practice and Judicial Administration 2.420.

(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.

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).