RULE 2.420

Meet the Needs of Those We Serve Without Delay

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The Honorable David EllspermannMarion County Clerk of Circuit Court and Comptroller

INTRODUCTION

Meet The Panelists

Antonio JaimesChief Legal Officer, Volusia County Clerk of Circuit Court

Matt WhyteGeneral Counsel & Director of HR, Manatee County Clerk of the Circuit Court and Comptroller

Antonio JaimesChief Legal Officer

Volusia County Clerk of Circuit Court

RULE 2.420: THE WHOLE STORY

Public Records and Rule 2.420

December 10, 2018Tour of Florida Courthouses to Access Court Records Report Released by News Media Coalition

December 13, 2018Follow-up Letter from Carol LoCicero

January 31, 2019Letter from John A. Tomasino to the FCTC and RJA Committee

February 11, 2019FCCC Advisory on Potential Amendments to Rule 2.420

Public Records and Rule 2.420

Feb. 13, 2019Florida Phoenix Article Released

Feb. 15, 2019FCCC Responds with Press Release

March 26, 2019FCCC Releases Response to the News Media Coalition Report and sends FCCC Advisory

May 7, 2019FCCC Presents Position Statement on Rule 2.420

“The Clerk said the journalist must wait for the docket to appear on the court’s website, then call the branch with a case number, pay over the phone by credit card, and then wait for a copy of the complaint to be

delivered via email.” ––––––––––––––––––––––––––––––––––––––––

“ The counter clerk said he could not allow Mr. Abbott to review the case for free.”

––––––––––––––––––––––––––––––––––––––––“ . . . The redaction software regularly breaks down, but tech services

does not inform the rest of the clerk’s office of the breakdown.”

Report: Tour of Florida Courthouses to Access Court Records

“When Mr. Abbott asked how he could inspect new complaints, she answered, ‘you can’t do that.’”

––––––––––––––––––––––––––––––––––––––––“The Clerk refused to answer any questions about the process, sending

him instead to the law library . . . .” ––––––––––––––––––––––––––––––––––––––––

Refusing court records due to high volume of requests by a non-registered.

Report: Tour of Florida Courthouses to Access Court Records, Cont.

Response to Report by FCCC

“Critically to this matter, no Clerk failed to provide a document as requested. The reporter left if he could not get instant access to documents. The reporter did not follow up with the Clerk’s office in instances where documents were not immediately available. The requests were not in writing, as required by Rule 2.420. Neither the report nor the information Clerks provided indicate that the reporter stated there was a time-sensitive need for access—or if there was, what it was.”

“ The Circuit Clerks who guard this gate have imposed some ridiculous restrictions that can substantially delay access to lawsuits and make it

very costly to see one.” ––––––––––––––––––––––––––––––––––––––––

“The court is not happy with the way things are going…”––––––––––––––––––––––––––––––––––––––––

“Hopefully the court will win this fight.” ––––––––––––––––––––––––––––––––––––––––

“It is just another chapter in the continuing battle between those who would be happy if pesky reporters never sought access to documents

and those who want access to records.”

Florida Pheonix Article:“An unbelievable Odyssey: Trying to access court records, for

free and on the spot, at your local courthouse.”

“Clerks have nothing to gain by withholding public information

from the news media, as custodians of important records, Clerks

believe in the Sunshine laws. They believe that balancing public

safety with providing access to public court files—to the extent

permissible according to statute and judiciary directives—is as

important as protecting private information.”

- Chris Hart IV, CEO of Florida Court Clerks & Comptrollers

Setting the Record Straight: Florida’s ClerksProtect the Public Trust

“ The Clerks support the current rule and have hawkishly served as the primary protectors of confidential information, as the overwhelming majority of court filings are filed without the rule’s required notice.”

––––––––––––––––––––––––––––––––––––––––“Advocates of this shift argue that instant access to court records

outweighs an individual’s right to privacy and the Rule’s common sense protections from the irreparable harm that will inevitably result from

the release of such sensitive, confidential information. Some have even argued that the most sensitive, personal information in court records is

“practically obscure” since many court records go unread by anyone other than those involved in a case.”

Florida Clerks Position onRule 2.420 RJA

“Based on the data analyzed by Clerks, it is an inexorable conclusion that placing sole responsibility for redaction on filers will result in

sensitive information being made public. If the public’s right to know is discussed in the same breath as the individual’s right to privacy, keeping

the Clerk’s role in the redaction process, as has been the successful models for decades, is undoubtedly the Best Practice.”

––––––––––––––––––––––––––––––––––––––––“As always, Clerks stand ready to faithfully implement

and abide by the Court’s rule.”

Florida Clerks Position onRule 2.420 RJA, Cont.

Volusia County E-Filing Process Flow

Matt WhyteGeneral Counsel & Director of Human Resources

Manatee County Clerk of the Circuit Court and Comptroller

RESPONDING TO PUBLIC RECORDS REQUESTS

What Is a Public Record?

• Defined as “all materials made or received by an agency in connection with official business which are used to perpetuate, communicate, or formalize knowledge.”

• Includes both paper andelectronic records

• Public records are not limited to work or official accounts, such as work email, work phone, or other official equipment

Common Public Records Questions

• Can I destroy public records?

• What information is exempt from disclosure in a public records request?

• What form is required for a public records request?

Handling Individuals Making Public Records Request

For AGENCY Records:• Do NOT have to identify themselves• Do NOT have to provide identification• Do NOT have to tell you why they want the

information (don’t even ask)• The requestor’s motivation to see records

does not impact the ability to see them

For COURT Records:• We can ask “Who are you?” and

“What are you trying to see?”• Must make sure the requestor is

allowed access

Common Scenarios For Public Records Requests

People Recording Video In The Clerk’s Office

Serial Requestors and Common Requests

Difficult or Rude Requestors

Responding to Public Records Requests

R.A.C.C.E.RespondQuickly

Responding to Public Records Requests

R.A.C.C.E.Acknowledge

Responding to Public Records Requests

R.A.C.C.E.Clarify

Responding to Public Records Requests

R.A.C.C.E.Communicate

Responding to Public Records Requests

R.A.C.C.E.Explain

CONCLUSIONQ&A