The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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(3) The clerk shall keep all court records required by this chapter separate from other records of the circuit court. All court records required by this chapter shall not be open to inspection by the public. All records shall be inspected only upon order of the court by persons deemed by the court to have a proper interest therein, except that, subject to the provisions of s. 63.162, a child and the parents of the child and their attorneys, the guardian ad litem, criminal conflict and civil regional counsels, law enforcement agencies, and the department and its designees shall always have the right to inspect and copy any official record pertaining to the child. The Justice Administrative Commission may inspect court dockets required by this chapter as necessary to audit compensation of court-appointed attorneys. If the docket is insufficient for purposes of the audit, the commission may petition the court for additional documentation as necessary and appropriate. The court may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records, under whatever conditions upon their use…
Section 39.0132(3), Florida Statutes, is the operative statute, but nothing in the statute limits which attorney of the parent has access to the dependency file. Moreover, it is conceivable that once the mother was given access to the dependency file, she would simply turn the information over to her present counsel. Appellee defends the court's decision on the basis of the language in section 39.0132(3) subjecting the right to access the records to "the provisions of section 63.162 ...." Section 63.162(2), Florida Statutes, states in pertinent part:
(ii) Adoption records. § 63.162, Fla. Stat.
The trial court ruled that Father's consent was executed solely for the purpose of allowing Grandmother to adopt Child and, consequently, Aunt did not have the necessary consent to proceed with her petition for adoption. Accordingly, the court granted Grandmother's motion to strike Aunt's counter-petition for adoption. Aunt then moved to intervene in the adoption proceeding. She argued that she should be able to present evidence as to the factors articulated in section 63.082, Florida Statutes (2013), including Child's bonding with her and the permanency she offered Child. Grandmother argued, however, that the court had previously determined that section 63.082, Florida Statutes, would only apply if Child was in DCF custody and because Child was not, section 63.082 did not apply. The only question before the trial court, Father argued, was whether Grandmother was a proper party to adopt. The trial court agreed and denied the motion to intervene. The trial court then excluded counsel for DCF and the guardian ad litem from the courtroom because adoption proceedings are closed to all but the parties. See § 63.162, Fla. Stat. (2013).
All papers and records pertaining to a petition to terminate parental rights pending adoption are related to the subsequent adoption of the minor and are subject to s. 63.162. Section 63.162(2) provides that the records are confidential subject to release by order of the court:
(ii) Adoption records. § 63.162, Fla. Stat.
The clerk shall keep all court records required by this chapter separate from other records of the circuit court. All court records required by this chapter shall not be open to inspection by the public. All records shall be inspected only upon order of the court by persons deemed by the court to have a proper interest therein, except that, subject to the provisions of s. 63.162 [pertaining to adoption], a child and the parents of the child and their attorneys, guardian ad litem, law enforcement agencies, and the department and its designees shall always have the right to inspect and copy any official record pertaining to the child. (Emphasis added.) See alsoFla. R. Jud. Admin. 2.420(c)(7) (declaring confidential all records so designated under Florida law); (c)(8) (declaring confidential all records so designated by Florida Statutes); (d)(1)(B)(i) (specifically listing dependency records under chapter 39 as confidential).
— Adoption records. § 63.162, Fla. Stat. (If the document is filed within a Chapter 63 adoption case, this form is not required.)
(3) The clerk shall keep all court records required by this chapter separate from other records of the circuit court. All court records required by this chapter shall not be open to inspection by the public. All records shall be inspected only upon order of the court by persons deemed by the court to have a proper interest therein, except that, subject to the provisions of s. 63.162, a child and the parents of the child and their attorneys, guardian ad litem, law enforcement agencies, and the department and its designees shall always have the right to inspect and copy any official record pertaining to the child. . . .
___ Adoption records. § 63.162, Fla. Stat. (If the document is filed within a Chapter 63 adoption case, this form is not required.)
. . . . § 63.162, Fla. Stat. . . .
. . . See § 63.162, Fla. Stat. (2013). The trial court then heard testimony from Grandmother and Aunt. . . .
. . . Section 63.162(2) provides that the records are confidential subject to release by order of the court . . . See § 63.162(4), Fla. Stat. . . . of his request for access to the file to the Department of Children and Families pursuant to section 63.162 . . . After several hearings, the trial court denied the motion, citing extensively to section 63.162(4) and . . . , 347 So.2d 450 (Fla. 3d DCA 1977), requires good cause to access the documents even though section 63.162 . . .
. . . . § 63.162, Fla. Stat. . . . the document is filed within-a Chapter-39-ease, this-form-is-aotreqair-edA ===-Adoption records. § 63.162 . . .
. . . deemed by the court to have a proper interest therein, except that, subject to the provisions of s. 63.162 . . .
. . . . § 63.162, Fla. Stat. . . .
. . . deemed by the court to have a proper interest therein, except that, subject to the provisions of s. 63.162 . . .
. . . . § 63.162, Fla. Stat. . . . the document is filed within a Chapter 39 case, this form is not required.) ,_ Adoption records. § 63.162 . . .
. . . The adoption file must of course remain confidential under the provisions of section 63.162, Florida . . . We conclude that petitioner’s interpretation of the scope of protections provided for by section 63.162 . . .
. . . access to any other pleadings in the case, because such records are protected from disclosure by section 63.162 . . . Stat., as to termination proceedings, and § 63.162(2), Fla. Stat., as to adoption proceedings. . . . The confidentiality provisions of section 63.162(2) protect the identities of the parties and the child . . . Section 63.162(2) provides that confidential information may be released from the adoption file by court . . . See § 63.162(2), Fla. Stat. (2005). . . .
. . . The Petitioners objected on the ground that such disclosure would violate section 63.162, Florida Statutes . . . dispute, the circuit court denied the Petitioners’ motion to declare the action subject to section 63.162 . . .
. . . shall be kept on file by the department or agency for possible future use as provided in ss. 63.082 and 63.162 . . .
. . . See § 63.162(2), Fla. Stat. (2003). See also Dep’t. of Health, Office of Vital Statistics v. . . . petition and direct the judge in the closed adoption case to conduct proceedings pursuant to section 63.162 . . .
. . . . §§ 63.162(b)(1)). . . .
. . . Florida Legislature enacted new adoption laws, sections 63.022-.039, 63.0425-.0427, 63.052-.132, 63.142, 63.162 . . .
. . . Adoptions (section 63.162, Florida Statutes (1999)), actions establishing parental status in situations . . .
. . . That court is obviously the court referred to throughout section 63.162 of the Florida Statutes. . . .
. . . a matter of 'public policy, has expressly made certain civil proceedings confidential (adoptions, § 63.162 . . . See § 63.162 Fla. Stat. (1997). . . .
. . . . § 63.162 (1997). . . .
. . . See §§ 63.022(1), 63.022(2)(/), 63.032(11), 63.062(l)(c), 63.092(1), 63.092(3)(a)4„ 63.142(4), 63.162 . . .
. . . . § 63.162, Fla.Stat. (1991). . . .
. . . re: Adoption of H.Y.T., 458 So.2d 1127 (Fla.1984), the court upheld the constitutionality of section 63.162 . . .
. . . The order was entered on a petition pursuant to section 63.162, Florida Statutes (1989). . . . mother intends to use the names in a pending habeas corpus proceeding, we conclude that the section 63.162 . . . order was entered prior to a full, evidentiary hearing to evaluate the factors described in section 63.162 . . . The statute permitting disclosure states: 63.162 Hearings and records in adoption proceedings; confidential . . . Sections 63.162(l)(d)4.a., ,162(l)(d)4.b., Fla.Stat. (1989). . . .
. . . deemed by the court to have a proper interest therein, except that, subject to the provisions of s. 63.162 . . .
. . . deemed by the court to have a proper interest therein, except that, subject to the provisions of section 63.162 . . . Since the present action does not implicate a section 63.162 restriction, we are of the view that petitioner . . .
. . . See §§ 63.122 and 63.162, Fla.Stat. (1987). . . .
. . . a matter of public policy, has expressly made certain civil proceedings confidential (adoptions, § 63.162 . . .
. . . determining whether the names should be disclosed, it considered all of the factors enumerated in § 63.162 . . . The court weighed the purpose of the grandparents’ request for disclosure pursuant to § 63.162(1)(d)4 . . .
. . . Section 63.162(1) provides that: All hearings held in proceedings under this act shall be held in closed . . . It was section 63.162(1) that our supreme court in H.Y.T. specifically considered in a media attack based . . . The supreme court in H.Y.T. held section 63.162(1) to be constitutionally sound in the face of that media . . . Inasmuch as we are unable on any ground to distinguish the constitutional implications of section 63.162 . . .
. . . . § 63.162(2), Fla.Stat. (1985). Atwell, however, was not legally adopted. . . .
. . . the names of the adoptive parents, but she refused, citing the confidentiality requirement of section 63.162 . . . Section 63.162(4) provides in pertinent part: (4) No person shall disclose from the records the name . . . Subsections (a) through (c) of § 63.162(4) provide for disclosure when authorized by an individual who . . .
. . . ), and a declaratory judgment construing him to hold the status of an “adoptee” pursuant to section 63.162 . . . not rule upon the applicability of the provisions of the “good cause” analysis set forth in section 63.162 . . . construed to limit the public’s right of access to public records and meetings as provided by law. . s. 63.162 . . .
. . . . § 63.162(2), Fla.Stat. (1985); § 742.09, Fla.Stat. (1985); § 39.12, Fla.Stat. (1985); cf. . . .
. . . the hearing would be a licensing proceeding pursuant to § 409.175, Florida Statutes, and ruled that § 63.162 . . . The hearing officer did further note that §§ 63.162(2) and (6), Florida Statutes, provide for “limited . . . Section 63.162(1) provides that “hearings held in proceedings under this Act shall be held in closed . . . Nevertheless, as the hearing officer recognized, §§ 63.162(2) and (6) do provide confidentiality for . . . In the event that HRS utilizes live testimony, the confidentiality required by §§ 63.162(2) and (6) would . . .
. . . The child’s attorney-ad-litem moved the court to close all the proceedings pursuant to section 63.162 . . . The court ruled section 63.162(1) unconstitutional, reasoning that if the constitutional guarantee of . . . We reverse the order of the circuit court and find section 63.162(1) constitutional. . . . Section 63.162 provides, in pertinent part: Notwithstanding any other law concerning public hearings . . . order of the circuit court and direct that all proceedings be conducted in compliance with section 63.162 . . .
. . . . § 63.162 (adoption proceeding records): § 112.533(2) (law enforcement complaint records); § 213.053 . . .
. . . We have used only the child’s initials in the style of this case in accordance with Section 63.162(3) . . .
. . . HRS asserts that Florida Statutes (1979), Section 63.162(2) which states in pertinent part “. .. the . . . That court is obviously the court referred to throughout Section 63.162 of the Florida Statutes. . . . headquarters as discussed in the Carlile case, supra, is not applicable to a proceeding under Section 63.162 . . .
. . . The narrow issue before us is whether § 63.162(4), Florida Statutes (1979), precludes disclosure of adoption . . . Section 63.162(4), Florida Statutes, provides: Except as authorized in writing by the adoptive parent . . .
. . . order to obtain the release of medical information contained in such court file pursuant to Section 63.162 . . . Section 63.162, Florida Statutes (1975), provides in relevant part as follows: “Notwithstanding any other . . . attained the age of eighteen, or upon court order for good cause shown in exceptional cases under Section 63.162 . . .
. . . See Sections 39.09(1)(b), 63.162 and 742.031, Fla.Stat. (1975), involving respectively juvenile proceedings . . .
. . . Adoption Act, ch. 73-159, § 24, Fla.Laws, which provides for confidentiality of adoption records in § 63.162 . . .
. . . Sec. 63.162, F.S. . . .
. . . See, e. g., § 39.03 Fla.Stat., F.S.A., (certain juvenile proceedings) ; § 63.162 Fla.Stat., F.S.A., ( . . .
. . . See Section 63.162, F.S. . . . (bastardy proceedings) ; sec. 39.03(1) (b) (certain juvenile proceedings) ; sec. 63.162 (adoption proceedings . . .