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Florida Statute 119.0714 | Lawyer Caselaw & Research
F.S. 119.0714 Case Law from Google Scholar
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The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
Chapter 119
PUBLIC RECORDS
View Entire Chapter
F.S. 119.0714
119.0714 Court files; court records; official records.—
(1) COURT FILES.—Nothing in this chapter shall be construed to exempt from s. 119.07(1) a public record that was made a part of a court file and that is not specifically closed by order of court, except:
(a) A public record that was prepared by an agency attorney or prepared at the attorney’s express direction as provided in s. 119.071(1)(d).
(b) Data processing software as provided in s. 119.071(1)(f).
(c) Any information revealing surveillance techniques or procedures or personnel as provided in s. 119.071(2)(d).
(d) Any comprehensive inventory of state and local law enforcement resources, and any comprehensive policies or plans compiled by a criminal justice agency, as provided in s. 119.071(2)(d).
(e) Any information revealing the substance of a confession of a person arrested as provided in s. 119.071(2)(e).
(f) Any information revealing the identity of a confidential informant or confidential source as provided in s. 119.071(2)(f).
(g) Any information revealing undercover personnel of any criminal justice agency as provided in s. 119.071(4)(c).
(h) Criminal intelligence information or criminal investigative information that is confidential and exempt as provided in s. 119.071(2)(h) or (m).
(i) Social security numbers as provided in s. 119.071(5)(a).
(j) Bank account numbers and debit, charge, and credit card numbers as provided in s. 119.071(5)(b).
(k)1. A petition, and the contents thereof, for an injunction for protection against domestic violence, repeat violence, dating violence, sexual violence, stalking, or cyberstalking that is dismissed without a hearing, dismissed at an ex parte hearing due to failure to state a claim or lack of jurisdiction, or dismissed for any reason having to do with the sufficiency of the petition itself without an injunction being issued on or after July 1, 2017, is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
2. A petition, and the contents thereof, for an injunction for protection against domestic violence, repeat violence, dating violence, sexual violence, stalking, or cyberstalking that is dismissed without a hearing, dismissed at an ex parte hearing due to failure to state a claim or lack of jurisdiction, or dismissed for any reason having to do with the sufficiency of the petition itself without an injunction being issued before July 1, 2017, is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution only upon request by an individual named in the petition as a respondent. The request must be in the form of a signed, legibly written request specifying the case name, case number, document heading, and page number. The request must be delivered by mail, facsimile, or electronic transmission or in person to the clerk of the court. A fee may not be charged for such request.
3. Any information 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, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the respondent has been personally served with a copy of the petition for injunction, affidavits, notice of hearing, and temporary injunction.
(l) Personal identifying information and annuity contract numbers of a payee of a structured settlement as defined in s. 626.99296(2) and the names of family members, dependents, and beneficiaries of such payee contained within a court file relating to a proceeding for the approval of the transfer of structured settlement payment rights under s. 626.99296. Such information shall remain exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution during the pendency of the transfer proceeding and for 6 months after the final court order approving, or not approving, the transferee’s application. This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2027, unless reviewed and saved from repeal through reenactment by the Legislature.
(2) COURT RECORDS.—
(a) Until January 1, 2012, if a social security number or a bank account, debit, charge, or credit card number is included in a court file, such number may be included as part of the court record available for public inspection and copying unless redaction is requested by the holder of such number or by the holder’s attorney or legal guardian.
(b) A request for redaction must be a signed, legibly written request specifying the case name, case number, document heading, and page number. The request must be delivered by mail, facsimile, electronic transmission, or in person to the clerk of the court. The clerk of the court does not have a duty to inquire beyond the written request to verify the identity of a person requesting redaction.
(c) A fee may not be charged for the redaction of a social security number or a bank account, debit, charge, or credit card number pursuant to such request.
(d) The clerk of the court has no liability for the inadvertent release of social security numbers, or bank account, debit, charge, or credit card numbers, unknown to the clerk of the court in court records filed on or before January 1, 2012.
(e)1. The clerk of the court must keep social security numbers confidential and exempt as provided for in s. 119.071(5)(a), and bank account, debit, charge, and credit card numbers exempt as provided for in s. 119.071(5)(b), without any person having to request redaction.
2. Section 119.071(5)(a)7. and 8. does not apply to the clerks of the court with respect to court records.
(f) A request for maintenance of a public records exemption in s. 119.071(4)(d)2. made pursuant to s. 119.071(4)(d)3. must specify the document type, name, identification number, and page number of the court record that contains the exempt information.
(g) The clerk of the court is not liable for the release of information that is required by the Florida Rules of Judicial Administration to be identified by the filer as confidential if the filer fails to make the required identification of the confidential information to the clerk of the court.
(3) OFFICIAL RECORDS.—A person who prepares or files a record for recording in the official records as provided in chapter 28 may not include in that record a social security number or a bank account, debit, charge, or credit card number unless otherwise expressly required by law.
(a) If a social security number or a bank account, debit, charge, or credit card number is included in an official record, such number may be made available as part of the official records available for public inspection and copying unless redaction is requested by the holder of such number or by the holder’s attorney or legal guardian.
1. If such record is in electronic format, on January 1, 2011, and thereafter, the county recorder must use his or her best effort, as provided in paragraph (d), to keep social security numbers confidential and exempt as provided for in s. 119.071(5)(a), and to keep complete bank account, debit, charge, and credit card numbers exempt as provided for in s. 119.071(5)(b), without any person having to request redaction.
2. Section 119.071(5)(a)7. and 8. does not apply to the county recorder with respect to official records.
(b) The holder of a social security number or a bank account, debit, charge, or credit card number, or the holder’s attorney or legal guardian, may request that a county recorder redact from an image or copy of an official record placed on a county recorder’s publicly available Internet website or on a publicly available Internet website used by a county recorder to display public records, or otherwise made electronically available to the public, his or her social security number or bank account, debit, charge, or credit card number contained in that official record.
1. A request for redaction must be a signed, legibly written request and must be delivered by mail, facsimile, electronic transmission, or in person to the county recorder. The request must specify the identification page number of the record that contains the number to be redacted.
2. The county recorder does not have a duty to inquire beyond the written request to verify the identity of a person requesting redaction.
3. A fee may not be charged for redacting a social security number or a bank account, debit, charge, or credit card number.
(c) A county recorder shall immediately and conspicuously post signs throughout his or her offices for public viewing, and shall immediately and conspicuously post on any Internet website or remote electronic site made available by the county recorder and used for the ordering or display of official records or images or copies of official records, a notice stating, in substantially similar form, the following:
1. On or after October 1, 2002, any person preparing or filing a record for recordation in the official records may not include a social security number or a bank account, debit, charge, or credit card number in such document unless required by law.
2. Any person has a right to request a county recorder to remove from an image or copy of an official record placed on a county recorder’s publicly available Internet website or on a publicly available Internet website used by a county recorder to display public records, or otherwise made electronically available to the general public, any social security number contained in an official record. Such request must be made in writing and delivered by mail, facsimile, or electronic transmission, or delivered in person, to the county recorder. The request must specify the identification page number that contains the social security number to be redacted. A fee may not be charged for the redaction of a social security number pursuant to such a request.
(d) If the county recorder accepts or stores official records in an electronic format, the county recorder must use his or her best efforts to redact all social security numbers and bank account, debit, charge, or credit card numbers from electronic copies of the official record. The use of an automated program for redaction is deemed to be the best effort in performing the redaction and is deemed in compliance with the requirements of this subsection.
(e) The county recorder is not liable for the inadvertent release of social security numbers, or bank account, debit, charge, or credit card numbers, filed with the county recorder.
(f) A request for maintenance of a public records exemption in s. 119.071(4)(d)2. made pursuant to s. 119.071(4)(d)3. must specify the document type, name, identification number, and page number of the official record that contains the exempt information.
History.—s. 2, ch. 79-187; s. 1, ch. 83-286; s. 5, ch. 84-298; s. 1, ch. 85-86; s. 1, ch. 86-109; s. 2, ch. 88-188; s. 26, ch. 90-344; s. 36, ch. 95-398; s. 7, ch. 2004-335; s. 2, ch. 2005-251; s. 2, ch. 2007-251; s. 5, ch. 2008-234; s. 2, ch. 2009-237; s. 23, ch. 2010-162; s. 4, ch. 2011-83; s. 7, ch. 2013-109; s. 3, ch. 2017-11; s. 1, ch. 2017-14; s. 1, ch. 2017-133; s. 1, ch. 2019-39; s. 1, ch. 2022-125.
Note.—Subsection (1) former s. 119.07(6).

F.S. 119.0714 on Google Scholar

F.S. 119.0714 on Casetext

Amendments to 119.0714


Arrestable Offenses / Crimes under Fla. Stat. 119.0714
Level: Degree
Misdemeanor/Felony: First/Second/Third

S119.0714 - PUBLIC ORDER CRIMES - VIOLATE PUBLIC RECORDS LAW COURT FILES/RECORDS - M: F

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

  1. In re Amendments to Fla. Rules of Gen.practice & Judicial Admin. 2.420 & 2.533.

    No. SC2023-0014 (Fla. May. 11, 2023)
    (iii) Social Security, bank account, charge, debit, and credit card numbers. § 119.0714(1)(i)-(j), (2)(a)-(e), Fla. Stat. (Unless redaction is requested pursuant to under § 119.0714(2), Fla. Stat., this information is exempt only as of January 1, 2012.)
    PAGE 7

  2. Cardona v. Dixon

    No. 19-81567-CIV-ALTMAN (S.D. Fla. Jun. 14, 2022)   Cited 3 times
    Under Florida law, “[a]ny information that may reveal the identity of a person who is the victim of any sexual offense” is considered confidential and is exempt from public filing. See FLA. STAT. §§ 119.071(2)(h)(1)(b), 119.0714(1)(h); see also FLA. R. GEN. PRAC. & JUD. ADMIN. 2.420(d)(1)(B)(xiii) (requiring the clerk of court to keep all “[p]rotected information regarding victims of child abuse or sexual offenses” confidential). That's why we ordered the Respondent to file an “unredacted Corrected Response, accompanied by unredacted exhibits and transcripts” under seal. Order Requiring Corrected Response [ECF No. 16] at 2. And, to protect the victim's identity, we'll refer to her either by her initials (“M.L.”) or as “the victim.” For consistency's sake, we'll also refer to certain material witnesses by their initials.
    PAGE 2

  3. Clerk of Circuit Court & Comptroller v. Doe

    292 So. 3d 1254 (Fla. Dist. Ct. App. 2020)   Cited 2 times
    Turning to the language of the provisions cited by the trial court, section 119.071(2)(h) provides that "[a]ny information that may reveal the identity of a person who is a victim of any sexual offense" is "confidential and exempt" from public inspection. Section 119.0714(1)(h), a related provision cited by Jane Doe in the complaint, provides that "[n]othing in [chapter 119] shall be construed to exempt from [public inspection] a public record that was made part of a court file and that is not specifically closed by order of court, except ... [c]riminal intelligence information or criminal investigative information that is confidential and exempt" as provided in s[ection] 119.071(2)(h). And rule 2.420(d)(1)(B)(xiii) explains that "[t]he clerk of the court shall designate and maintain the confidentiality of any information contained within a court record," including "[p]rotected information regarding victims of child abuse or sexual offenses," citing to sections 119.071(2)(h) and 119.0714(1)(h). Fla. R. Jud. Admin. 2.420(d)(1)(B)(iii).
    PAGE 1258

  4. In re Amendments to Fla. Rule of Judicial Admin. 2.420

    284 So. 3d 964 (Fla. 2019)
    See ch. 2019-39, § 1, Laws of Fla. (amending § 119.0714(1)(k), Fla. Stat.).

  5. In re Fla. Rule of Judicial Admin. 2.420

    285 So. 3d 870 (Fla. 2019)
    In response to the addition of subsection 3 to section 119.0714(1)(k), Florida Statutes (2018), the Court adds new subdivision (xxiii) to rule 2.420(d)(1)(B). The new subdivision lists "[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." See ch. 2019-39, §§ 1, 3, Laws of Fla. (amending § 119.0714(1)(k), Fla. Stat., effective July 1, 2019).

  6. State v. Wooten

    260 So. 3d 1060 (Fla. Dist. Ct. App. 2018)   Cited 6 times   1 Legal Analyses
    § 119.0714(1)(c), Fla. Stat. (2018) (emphases added). The fact that the legislature has exempted the disclosure of surveillance techniques in at least two statutes, presents a compelling argument that the court system should determine such information in court records to be confidential and not subject to public disclosure.
    PAGE 1074

  7. In re Amendments to Fla. Rule of Judicial Admin. 2.420

    156 So. 3d 499 (Fla. 2015)
    (iii) Social Security, bank account, charge, debit, and credit card numbers. § 119.0714(1)(i)—(j), (2)(a)—(e), Fla. Stat. (Unless redaction is requested pursuant to § 119.0714(2), Fla. Stat., this information is exempt only as of January 1, 2012.)
    PAGE 501

  8. In re Amendments to Fla. Rule of Judicial Admin. 2.420

    124 So. 3d 819 (Fla. 2013)
    (iii) 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), Fla. Stat ., this informationis exempt only as of January 1, 201 1 2 .)
    PAGE 827

  9. In re Amendments to Florida Rule

    68 So. 3d 228 (Fla. 2011)   Cited 5 times
    — 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 231

  10. In re Amend. to Rule of Jud. Admin

    31 So. 3d 756 (Fla. 2010)   Cited 10 times
    ___ 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 778

    Cases from cite.case.law:

    STATE v. WOOTEN, 260 So. 3d 1060 (Fla. App. Ct. 2018)

    . . . Additionally, section 119.0714(1)(c), Florida Statutes (2018) provides: (1) Court files . . . . information revealing surveillance techniques or procedures or personnel as provided in s. 119.071(2)(d) . § 119.0714 . . .

    In FLORIDA RULE OF JUDICIAL ADMINISTRATION, 156 So. 3d 499 (Fla. 2015)

    . . . . § 119.0714(l)(i) — (J), (2)(a)— (e), Fla. Stat. . . . (Unless redaction is requested pursuant to § 119.0714(2), Fla. . . . (xiii) Protected information regarding victims of child abuse or sexual offenses. §§ 119.071(2)(h), 119.0714 . . .

    In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION, 124 So. 3d 819 (Fla. 2013)

    . . . . § 119.0714(1)©-(j), (2)(a)-(e), Fla. Stat. . . . identif-yingregarding victims of child abuse or sexual offenses-including child sexual-abuse. §§ 119.071(2)(h), 119.0714 . . . §H19.071(2)(h), 119.0714(l)(h), Fla. Stat. -Gestational surrogacy-records. §-742-16(9), Flo. Stat-. . . .

    In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION, 68 So. 3d 228 (Fla. 2011)

    . . . . § 119.0714(l)(i)-(j), (2)(a)-(e), Fla. Stat. . . . (Unless redaction is requested pursuant to § 119.0714(2), this information is exempt only as of January . . . Information identifying victims of sexual offenses, including child sexual abuse. §§ 119.071(2)(h), 119.0714 . . .

    In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION AND THE FLORIDA RULES OF APPELLATE PROCEDURE, 31 So. 3d 756 (Fla. 2010)

    . . . Cf §§ 119.071(2)(c); 119.071(2)©; 119.0714(l)(f), Fla. Stat. (2009). . . . (iii) Social Security, bank account, charge, debit, and credit card numbers in court records. § 119.0714 . . . (Unless redaction is requested pursuant to 119.0714(2), this information is exempt only as of January . . . Social Security, bank account, charge, debit, and credit card numbers in court records. § 119.0714(l) . . . (Unless redaction is requested pursuant to § 119.0714(2), this information is exempt only as of January . . .