Report of the Supreme Court Workgroup on Public Records (825 So. 2d 889, 2002)

Florida Supreme Court 2002-03-07

Citations

Full opinion text

PER CURIAM.

The Supreme Court Workgroup on Public Records petitions this Court to consider amendments to the Florida Rules of Judicial Administration. We have jurisdiction. See art. I, § 24, art. V, § 2(a), Fla. Const. Having reviewed the petition and considered the comments and the oral arguments, we adopt all of the Workgroup’s proposals. The rules amendments and the retention schedule are set forth in the appendix; proposals that do not pertain to rules amendments will be addressed administratively. We have edited the rules and retention schedule for style and grammar.

By administrative order No. AOSC00-31, dated September 18, 2000, the Chief Justice created the Supreme Court Work-group on Public Records. The Workgroup was given the assignment of reviewing issues concerning judicial branch public records and making recommendations to the Court to amend the Florida Rules of Judicial Administration or adopt Supreme Court policies. The Workgroup held several meetings over the course of seven months and identified the following areas for review: (1) access to judicial branch records; (2) retention of judicial branch records; (3) fees for copies of administrative records; (4) exemptions from access to public records; (5) education and training of judges and court personnel on public records issues; (6) copyrighting of records; and (7) changing technology and access.

The Workgroup proposes amendments to address the seven categories, including amendments to Florida Rules of Judicial Administration 2.030, 2.040, 2.051, and 2.075, the adoption of new rule 2.076, and a Judicial Branch Retention Schedule for Administrative Records. Many of the proposals concern administrative records of the judicial branch, which is a category of records not currently covered by the rules. The proposals were published and comments were received. The Workgroup considered all of the comments and filed its response.

The Honorable Robert L. Shevin, Chair of the Supreme Court Jury Innovations Committee, suggested adding to the Judicial Branch Retention Schedule for Administrative Records a subsection on juror notes. The Honorable James R. Wolf, Chair of the Judicial Qualifications Commission, suggested adding to the Retention Schedule a subsection on judicial financial disclosure forms and judicial complaints. The Workgroup agreed with these suggestions, and we adopt them as proposed.

In response to concerns relative to access to public records expressed by the publisher of The Orlando Sentinel, we note that the requirement that all requests for access to judicial records be in writing is intended to facilitate access to public records rather than to impede it. The Workgroup proposed this amendment to assist both the records custodian and the requestor so that both sides would clearly understand what records are being requested. The writing requirement is not intended to be a procedural obstacle, drowning the requestor in excessive formalities and deterring individuals from seeking access to judicial records. Records custodians must not place form over substance, and as long as the custodian can identify the record requested, the custodian must produce the record. To reinforce that the intent of the writing requirement is to facilitate access, and not to exclude or bar anyone from such access, we have amended the commentary to new rule 2.051 to clarify that persons having difficulty writing their requests for judicial branch records may seek assistance from the records custodians in meeting the writing requirement set forth in rule 2.051(e)(1). Further, records custodians should take any other reasonable steps to ensure that individuals obtain access to the judicial records they seek.

We wish to take this opportunity to express our gratitude to the members of the Workgroup and the commentators for their time and effort in undertaking the task of addressing judicial branch public records issues.

Accordingly, we amend the Rules of Judicial Administration and adopt the Judicial Branch Retention Schedule for Administrative Records as provided in the appendix. In approving these amendments, we express no opinion as to their constitutionality. New language is indicated by underscoring; deletions are indicated by struck-through type. The amendments and schedule shall take effect on the filing of this opinion.

It is so ordered.

WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS, and QUINCE, JJ., concur.

APPENDIX

RULE 2.030 THE SUPREME COURT

(a) Internal Government.

(1) Exercise of Powers and Jurisdiction. The supreme court shall exercise its powers and jurisdiction en banc. Five justices shall constitute a quorum and the concurrence of 4 shall be necessary to a decision. In cases requiring only a panel of 5, if 4 of the 5 justices who consider the case do not concur, it shall be submitted to the other 2 justices.

(2) Chief Justice.

(A) The chief justice shall be chosen by majority vote of the justices for a term commencing on July 1 of even-numbered years. If a vacancy occurs, a successor shall be chosen promptly to serve the balance of the unexpired term.

(B) The chief justice shall have the following administrative powers and duties. The chief justice shall:

(i) be the administrative officer of the court and shall be responsible for the dispatch of its business;

(ii) have the power to act on requests for stays during the pendency of proceedings, to order the consolidation of cases, to determine all procedural motions and petitions relating to the time for filing and size of briefs and other papers provided for under the rules of this court, to advance or continue cases, and to rule on other procedural matters relating to any proceeding or process in the court;

(iii) have the power to assign active or retired county, circuit, or appellate judges or justices to judicial service in this state, in accordance with subdivisions (a)(3) and (a)(4) of this rule;

(iv) have the power, upon request of the chief judge of any circuit or district, or sua sponte, in the event of natural disaster, civil disobedience, or other emergency situation requiring the closure of courts or other circumstances inhibiting the ability of litigants to comply with deadlines imposed by rules of procedure applicable in the courts of this state, to enter such order or orders as may be appropriate to suspend, toll, or otherwise grant relief from time deadlines imposed by otherwise applicable statutes and rules of procedure for such period as may be appropriate, including, without limitation, those affecting speedy trial procedures in criminal and juvenile proceedings, all civil process and proceedings, and all appellate time limitations; and

(v)perform such other administrative duties as may be required and which are not otherwise provided for by law or rule.

(C) The chief justice shall be notified by all justices of any- contemplated absences from the court and the reasons therefor.

(D) If the chief justice dies, retires, or is unable to perform the duties of the office, the justice longest in continuous service shall perform the duties during the period of incapacity or until a successor chief justice is elected.

(3) Administration.

(A) The chief justice may, either upon request or when otherwise necessary for the prompt dispatch of business in the courts of this state, temporarily assign justices of the supreme court, judges of district courts of appeal, circuit judges, and judges of county courts to any court for which they are qualified to serve. Any consenting retired justice or judge may be assigned to judicial service and receive compensation as provided by law.

(B) For the purpose of judicial administration, a “retired judge” is defined as a judge not engaged in the practice of law who has been a judicial officer of this state. A retired judge shall comply with all requirements that the supreme court deems necessary relating to the recall of retired judges.

(C) When a judge who is eligible to draw retirement compensation has entered the private practice of law, the judge may be eligible for recall to judicial service upon cessation of the private practice of law and approval of the judge’s application to the court. The application shall state the period of time the judge has not engaged in the practice of law, and must be approved by the court before the judge shall be eligible for recall to judicial service.

(D) A retired judge serving on assignment to temporary judicial duty may be referred to as a “senior judge.” This designation is honorary and has no effect on the responsibilities or conduct of the retired judge.

(4) Assignments of Justices and Judges.

(A) When a justice of the supreme court is unable to perform the duties of office, or when necessary for the prompt dispatch of the business of the court, the chief justice may assign to the court any judge who is qualified to serve, for such time as the chief justice may direct.

(B) When a judge of any district court of appeal is unable to perform the duties of office, or when necessary for the prompt dispatch of the business of the court, the chief judge shall advise the chief justice and the chief justice may assign to the court any judge who is qualified to serve, for such time or such proceedings as the chief justice may direct.

(C) When any circuit or county judge is unable to perform the duties of office, or when necessary for the prompt dispatch of the business of the court, the chief judge of the circuit may assign any judge in the circuit to temporary service for which the judge is qualified, in accordance with rule 2.050. If the chief judge deems it necessary, the chief judge may request the chief justice to assign a judge to the court for such time or such proceedings as the chief justice may direct.

(b) Clerk.

(1) Appointment. The supreme court shall appoint a clerk who shall hold office at the pleasure of the court and perform such duties as the court directs. The clerk’s compensation shall be fixed by law. The clerk’s office shall be in the supreme court building. The clerk shall devote full time to the duties of the office and shall not engage in the practice of law while in office.

(2) Custody of Records, Files, and Seal. All papers, records, files, court records and the seal of the court shall be kept in the office and the custody of the clerk. The clerk shall not allow any paper,' record, or file court record to be taken from the clerk’s office or the courtroom, except by a justice of the court or upon the order of the court.

(3) Records of Proceedings. The clerk shall keep such records as the court may from time to time order or direct. The clerk shall keep a docket or equivalent electronic record of all cases that are brought for review to, or that originate in, the court. Each case shall be numbered in the order that the notice, petition, or other initial pleading originating the cause is filed in the court.

(4) Filing Fee. In all cases filed in the court, the clerk shall require the payment of a fee as provided by law when the notice, petition, or other initial pleading is filed. The payment shall not be exacted in advance in appeals in which a party has been adjudicated insolvent for the purpose of an appeal or in appeals in which the state is the real party in interest as the moving party. The payment of the fee shall not be required in habeas corpus proceedings, or appeals therefrom, arising out of or in connection with criminal actions.

(5) Issuance of Mandate; Recordation and Notification. The clerk shall issue such mandates or process as may be directed by the court. Upon the issuance of any mandate, the clerk shall record the issuance in a book or equivalent electronic record kept for that purpose, in which the date of issuance and the manner of transmittal of the process shall be noted. In proceedings in which no mandate is issued, upon final adjudication of the pending cause the clerk shall transmit to the party affected thereby a copy of the court’s order or judgment. The clerk shall notify the attorneys of record of the issuance of any mandate or the rendition of any final judgment. The clerk shall furnish without charge to all attorneys of record in any cause a copy of any order or written opinion rendered in such action.

(6) Return of Original Papers. Upon the conclusion of any proceeding in the supreme court, the clerk shall return to the clerk of the lower court the original papers or files transmitted to the court for use in the cause.

(c)Librarian.

(1) Appointment. The supreme court shall appoint a librarian of the supreme court and such assistants as may be necessary. The supreme court library shall be in the custody of the librarian, but under the exclusive control of the court. The library shall be open to members of the bar of the supreme court, to members of the legislature, to law officers of the executive or other departments of the state, and to such other persons as may be allowed to use the library by special permission of the court.

(2) Library Hours. The library shall be open during such times as the reasonable needs of the bar require and shall be governed by regulations made by the librarian with the approval of the court.

(3)Books. Books shall not be removed from the library except for use by, or upon order of, any justice.

(d) Marshal.

(1) Appointment. The supreme court shall appoint a marshal who shall hold office at the pleasure of the court and perform such duties as the court directs. The marshal’s compensation shall be fixed by law.

(2) Duties. The marshal shall have power to execute process of the court throughout the state and such other powers as may be conferred by law. The marshal may deputize the sheriff or a deputy sheriff in any county to execute process of the court and shall perform such clerical or ministerial duties as the court may direct or as required by law. Subject to the direction of the court, the marshal shall be custodian of the supreme court building and grounds.

(e) State Courts Administrator.

(1) Appointment. The supreme court shall appoint a state courts administrator who shall serve at the pleasure of the court and perform such duties as the court directs. The state courts administrator’s compensation shall be fixed by law.

(2) Duties. The state courts administrator shall supervise the administrative office of the Florida courts, which shall be maintained at such place as directed by the supreme court; shall employ such other personnel as the court deems necessary to aid in the administration of the state courts system; shall represent the state courts system before the legislature and other bodies with respect to matters affecting the state courts system and functions related to and serving the system; shall supervise the preparation and submission to the supreme court, for review and approval, of a tentative budget request for the state courts system and shall appear before the legislature in accordance with the court’s directions in support of the final budget request on behalf of the system; shall assist in the preparation of educational and training materials for the state courts system and related personnel, and shall coordinate or assist in the conduct of educational and training sessions for such personnel; shall assist all courts in the development of improvements in the system, and submit to the chief justice and the court appropriate recommendations to improve the state courts system; and shall collect and compile uniform financial and other statistical data or information reflective of the cost, workloads, business, and other functions related to the state courts system. The state courts administrator is the custodian of all records in the administrator’s office.

(f) Open Sessions. All sessions of the court shall be open to the public, except proceedings designated as confidential by the court and conference sessions held for the discussion and consideration of pending cases, for the formulation of opinions by the court, and for the discussion or resolution of other matters related to the administration of the state courts system.

(g) Designation of Assigned Judges. When any judge of another court is assigned for temporary service on the supreme court, that judge shall be designated, as author or participant, by name and initials followed by the words “Associate Justice.”

RULE 2.040 DISTRICT COURTS OF APPEAL

(a) Internal Government.

(1) Exercise of Powers and Jurisdiction. Three judges shall constitute a panel for and shall consider each case, and the concurrence of a majority of the panel shall be necessary to a decision.

(2) Chief Judge. The chief judge shall be chosen by the judges of the court for a term commencing on July 1 of each odd-numbered year, and shall serve for a term of 2 years. In the event of a vacancy, a successor shall be chosen promptly to serve the balance of the unexpired term. The selection of a chief judge should be based on managerial, administrative, and leadership abilities. The chief judge may be removed by a two-thirds vote of the active judges. The chief judge shall be the administrative officer of the court, responsible for the dispatch of its business, shall have the power to order consolidation of cases, and shall assign cases to the judges for the preparation of opinions, orders, or judgments. If the chief judge is unable to discharge these duties, the judge longest in continuous service or, as between judges with equal continuous service, the one having the longest unexpired term and able to do so, shall perform the duties of chief judge pending the chief judge’s return to duty. Judges shall notify the chief judge of any contemplated absence from the court and the reasons therefor.

(b) Clerk.

(1) Appointment. The court shall appoint a clerk who shall hold office at the pleasure of the court and perform such duties as the court directs. The clerk’s compensation shall be fixed by law. The clerk’s office shall be in the headquarters of the court. The clerk’s time shall be devoted to the duties of the office and the clerk shall not engage in the private practice of law while serving as clerk. All books, papersHr-eeords, files, court records and the seal of the court shall be kept in the office and the custody of the clerk. The clerk shall not allow any book, paper, record, or file court record to be taken from the clerk’s office or the courtroom, except by a judge of the court or upon order of the court.

(2) Records of Proceedings. The clerk shall keep such records as the court may from time to time order or direct. The clerk shall keep a docket or equivalent electronic record of all cases that are brought for review to, or that originate in, the court. Each case shall be numbered in the order that the notice, petition, or other initial pleading originating the proceeding is filed in the court.

(3) Filing Fee. In all cases filed in the court, the clerk shall require the payment of a fee as provided by law at the time the notice, petition, or other initial pleading is filed. The payment shall not be exacted in advance in appeals in which a party has been adjudicated insolvent for the purpose of an appeal or in appeals in which the state is the real party in interest as the moving party. The payment of the fee shall not be required in habeas corpus proceedings or appeals therefrom.

(4) Issuance of Mandate; Recordation and Notification. The clerk shall issue such mandates or process as may be directed by the court. If the court directs that a mandate record shall be maintained, then upon the issuance of any mandate the clerk shall record the issuance in a book or equivalent electronic record kept for that purpose, in which shall be noted the date of issuance and the manner of transmittal of the process. In proceedings in which no mandate is issued, upon final adjudication of the pending cause the clerk shall transmit to the party affected thereby a copy of the court’s order or judgment. The clerk shall notify the attorneys of record of the issuance of any mandate or the rendition of any final judgment. The clerk shall furnish without charge to all attorneys of record in any cause a copy of any order or written opinion rendered in such action.

(5) Return of Original Papers. The clerk shall retain all original papers, files, and exhibits transmitted to the court for a period of not less than 30 days after rendition of the opinion or order denying any motion pursuant to Florida Rule of Appellate Procedure 9.330, whichever is later. If no discretionary review proceeding or appeal has been timely commenced in the supreme court to review the court’s decision within 30 days, the clerk shall transmit to the clerk of the trial court the original papers, files, and exhibits. If a discretionary review proceeding or appeal has been timely commenced in the supreme court to review the court’s decision, the original papers, files, and exhibits shall be retained by the clerk until transmitted to the supreme court or, if not so transmitted, until final disposition by the supreme court and final disposition by the court pursuant to the mandate issued by the supreme court.

(c) Marshal.

(1) Appointment. The court shall appoint a marshal who shall hold office at the pleasure of the court and perform such duties as the court directs. The marshal’s compensation shall be fixed by law.

(2) Duties. The marshal shall have power to execute process of the court throughout the district, and in any county therein may deputize the sheriff or a deputy sheriff for such purpose. The marshal shall perform such clerical or ministerial duties as the court may direct or as are required by law. The marshal shall be custodian of the headquarters occupied by the court, whether the headquarters is an entire building or a part of a building.

(d) Open Sessions. All sessions of the court shall be open to the public, except conference sessions held for the discussion and consideration of pending cases, for the formulation of opinions by the court, and for the discussion or resolution of other matters related to the administration of the court.

(e) Designation of Assigned Judges. When any justice or judge of another court is assigned for temporary service on a district court of appeal, that justice or judge shall be designated, as author or participant, by name and initials followed by the words “Associate Judge.”

RULE 2.051 PUBLIC ACCESS TO JUDICIAL BRANCH RECORDS

(a) Generally. Subject to the rulemak-ing power of the Florida Supreme Court provided by article V, section 2, Florida Constitution, the following rule shall govern public access to the records of the judicial branch of government and -its agencies. The public shall have access to all records of the judicial branch of government and its-ageneies, except as provided below.

(b) Definitions. Judicial — records—for this-r-ule- refer to documents, exhibits in fhe-susfody of the clerk-papers, letters, maps^-books, tapes, photographs, films, recordings, data processing software of other materiak-created by any entity within the judicial branch, ■■regardless — of physical form, characteristics, or means of transmission, that are -made or received pursuant-to-eourt rule, law-or-ordinance, or in connection -v4th-the transaction-of-official business by.any- court or court agency.-

(1)“Records of the judicial branch” are all records, regardless of physical form, characteristics, or means of transmission, made or received in connection with the transaction of official business by any judicial branch entity and consist of:

(A) “court records,” which are the contents of the court file, including the progress docket and other similar records generated to document activity in a case, transcripts filed with the clerk, documentary exhibits in the custody of the clerk, and electronic records, videotapes, or stenographic tapes of depositions or other proceedings filed with the clerk, and electronic records, videotapes, or stenographic tapes of court proceedings; and

(B) “administrative records,” which are all other records made or received pursuant to court rule, law, or ordinance, or in connection with the transaction of official business by any judicial branch entity.

(2) “Judicial branch” means the judicial branch of government, which includes the state courts system, the clerk of court when acting as an arm of the court, The Florida Bar, the Florida Board of Bar Examiners, the Judicial Qualifications Commission, and all other entities established by or operating under the authority of the supreme court or the chief justice.

(3) “Custodian.” The custodian of all administrative records of any court is the chief justice or chief judge of that court, except that each judge is the custodian of all records that are solely within the possession and control of that judge. As to all other records, the custodian is the official charged with the responsibility of maintaining the office having the care, keeping, and supervision of such records. All references to “custodian” mean the custodian or the custodian’s designee.

(c)Exemptions. The following records of the judicial branch and its-agencies shall be confidential:

(1) Trial and appellate court memoran-da, 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;

(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 of the court involved, with the concurrence of either the chief judge of the next highest appellate court or the Chief Justice;

(3) (A) Complaints alleging misconduct against judges, until probable cause is established;

(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;

(4) Periodic evaluations implemented solely to assist judges in improving their performance, all information gathered to form the bases for the evaluations, and the results generated therefrom;

(5) 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;

(6) 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;

(7) All records made confidential under the Florida and United States Constitutions and Florida and federal law;

(8) All court records presently deemed to be confidential by court rule, including the Rules for Admission to the Bar, by Florida Statutes, by prior case law of the State of Florida, and by the rules of the Judicial Qualifications Commission;

(9) Any court record determined to be confidential in case decision or court rule on the grounds that

(A) confidentiality is required to

(i) prevent a serious and imminent threat to the fair, impartial, and orderly administration of justice;

(ii) protect trade secrets;

(iii) protect a compelling governmental interest;

(iv) obtain evidence to determine legal issues in a case;

(v) avoid substantial injury to innocent third parties;

(vi) avoid substantial injury to a party by disclosure of matters protected by a common law or privacy right not generally inherent in the specific type of proceeding sought to be closed;

(vii) comply with established public policy set forth in the Florida or United States Constitution or statutes or Florida rules or case law;

(B) the degree, duration,, and manner of confidentiality ordered by the court shall be no broader than necessary to protect the interests set forth in subdivision (A);

(C) no less restrictive measures are available to’ protect the interests set forth in subdivision (A);, and

(D) except as provided by law or rule of court, reasonable notice shall be given to the public of any order closing any court record.

(10) The names and any identifying information of judges mentioned in an advisory opinion of the Committee on Standards of Conduct for Judges.

(d) Review of Denial of Access Request. Expedited review of denials of access to judicial records of the judicial bran-chor to the — records of judicial agencies shall be provided through an action for mandamus, or other appropriate appellate remedy, in the following manner:

(1) Where a judge who has denied a request for access to records in the judge’s possession or custody is the custodian, the action shall be filed in the court having appellate jurisdiction to review the decisions of the judge denying access.

(2) All other actions under this rule shall be filed in the circuit court of the circuit in which such denial of access occurs.

(e) Procedure. Requests and responses to requests for access to public records, under this rule shall be made in a reasonable manner.

(1) Requests for access to records shall be in writing and shall be directed to the custodian. The request shall provide sufficient specificity to enable the custodian to identify the requested records. The reason for the request is not required to be disclosed.

(2) The custodian shall be solely responsible for providing access to records of the custodian’s entity. The custodian shall determine whether the requested record is subject to this rule and, if so, whether the record or portions of the record are exempt from disclosure. The custodian shall determine the form in which the record is provided.

(3) 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).

2002 Court Commentary

The custodian is required to provide access to or copies of records but is not required either to provide information from records or to create new records in response to a request. Op. Atty. Gen. Fla. 80-57 (1980); Wootton v. Cook, 590 So.2d 1039 (Fla. 1st DCA 1991); Seigle v. Barry, 422 So.2d 63 (Fla. 4th DCA 1982).

The writing requirement is not intended to disadvantage any person who may have difficulty writing a request; if any difficulty exists, the custodian should aid the re-questor in reducing the request to writing.

It is anticipated that each judicial branch entity will have policies and procedures for responding to public records requests.

The 1995 commentary notes that the definition of “judicial records” added at that time is consistent with the definition of “court records” contained in rule 2.075(a)(1) and the definition of “public records” contained in chapter 119, Florida Statutes. Despite the commentary, these definitions are not the same. The definitions added in 2002 are intended to clarify that records of the judicial branch include court records as defined in rule 2.075(a)(1) and administrative records. The definition of records of the judicial branch is consistent with the definition of “public records” in chapter 119, Florida Statutes.

RULE 2.075 RETENTION OF COURT RECORDS

(a) Definitions. The following definitions apply to this rule:

(1) “Court records” mean the contents of the court file, depositions filed with the clerk, transcripts, including the progress docket and other similar records generated to document activity in a case, transcripts filed with the clerk, documentary exhibits in the custody of the clerk, and electronic records, video tapes, and or stenographic tapes of depositions or other proceedings filed with the clerk, and electronic records, videotapes or stenographic tapes of court proceedings.

(2) “After a judgment has become final” means:

(A) when a final order, final judgment, final docket entry, final dismissal, or nolle prosequi has been entered as to all parties, no appeal has been taken, and the time for appeal has expired; or

(B) when a final order, final judgment, or final docket entry has been entered, an appeal has been taken, the appeal has been disposed of, and the time for any further appellate proceedings has expired.

(3) “Permanently recorded” means that a document has been microfilmed, optically imaged, or recorded onto an electronic record keeping system in accordance with standards adopted by the Division of Library and Information Services of the Department of State.

(b) Required Consent. Disposal of court records under this rule is subject to obtaining any consent required by law from the Division of Library and Information Services of the Department of State.

(c) Permanently Recorded Records. Court records, except exhibits, that have been permanently recorded in accordance with standards adopted by the Division of Library and Information Services of the Department of State, may be destroyed or otherwise disposed of by the clerk at any time after a judgment has become final.

(d) Records Not Permanently Recorded. No court records under this subdivision shall be destroyed or disposed of until the final order, final docket entry, or final judgment is permanently recorded for, or recorded in, the public records. The time periods shall not apply to any action in which the court orders the court records to be kept until the court orders otherwise. When an order is entered to that effect, the progress docket and the court file shall be marked by the clerk with a legend showing that the court records are not to be destroyed or disposed of without a further order of court. Any person may apply for an order suspending or prohibiting destruction or disposition of court records in any proceeding. Court records, except exhibits, that are not permanently recorded may be destroyed or disposed of by the clerk at-the-times-prescribed-below after a judgment has become final in accordance with the following schedule:

(1) For trial courts

(A) Sixty 60 days — Parking tickets and noncriminal traffic infractions after required audits have been completed.

I2)(B) Two 2 years — Proceedings under the Small Claims Rules, Medical Mediation Proceedings.

I3XC) Five 5 years — Misdemeanor actions, criminal traffic violations, ordinance violations, civil litigation proceedings in county court other than those under the Small Claims Rules, and civil proceedings in circuit court except marriage dissolu-tions and adoptions.

44)(D) Ten 10 years Probate, guardianship, and mental health proceedings.

(5)(E) Ten 10 years. — Felony cases in which no information or indictment was filed or in which all charges were dismissed, or in which the state announced a nolle prosequi, or in which the defendant was adjudicated not guilty.

(§XF) Seventy-five 75 years — Juvenile proceedings containing an order permanently depriving a parent of custody of a child, and adoptions, and all felony cases not previously destroyed.

(7) Kept permanently — Progress, dockets and their indices.

(g)(G) Juvenile proceedings not otherwise provided for in this subdivision shall be kept for 5 years after the last entry or until the child reaches the age of majority, whichever is later.

(9)(H) Marriage dissolutions — Ten R) years from the last record activity. The court may authorize destruction of court records not involving alimony, support, or custody of children 5 years from the last record activity.

(2) For district courts of appeal

(A) 2 years — noncriminal court records.

(B) 5 years — Criminal court records.

(3) For the Supreme Court

(A) 5 years — All cases disposed of by order not otherwise provided for in this rule.

(B) 10 years — Cases disposed of by order involving individuals licensed or regulated by the court and noncriminal court records involving the unauthorized practice of law.

(e) Records to be retained permanently. The following court records shall be permanently recorded or permanently retained:

(1) progress dockets, and other similar records generated to document activity in a case, and

(2) court records of the supreme court in which the case was disposed of by opinion.

(e)(f) Court Reporters’ Notes. Court reporters or persons acting as court reporters for judicial or discovery proceedings shall retain the original notes or electronic records of the proceedings or depositions until the times specified below:

(1) Twe2 years from the date of preparing the transcript — Judicial proceedings, arbitration hearings, and discovery proceedings when an original transcript has been prepared.

(2) TealO years — Judicial proceedings in felony cases when a transcript has not been prepared.

(3) Five5 years — All other judicial proceedings, arbitration hearings, and discovery proceedings when a transcript has not been prepared.

When an agreement has been made between the reporter and any other person and the person has paid the reasonable charges for storage and retention of the notes, the notes or records shall be kept for any longer time agreed on. All reporters’ notes shall be retained in a secure place in Florida.

(fXff) Exhibits.

(1) Exhibits in criminal proceedings shall be disposed of as provided by law.

(2) All other exhibits shall be retained by the clerk until 90 days after a judgment has become final. If an exhibit is not withdrawn pursuant to subdivision (h)(i) within 90 days, the clerk may destroy or dispose of the exhibits after giving the parties or their attorneys of record 30 days’ notice of the clerk’s intention to do so. Exhibits shall be delivered to any party or attorney of record calling for them during the 30-day time period.

(gXh) Disposition Other Than Destruction. Before destruction or disposition of court records under this rule, any person may apply to the court for an order requiring the clerk to deliver to the applicant the court records that are to be destroyed or disposed of to — the—applicant. All parties and the Division of Library and Information Services of the Department of State shall be given notice of the application by the applicant. The court shall dispose of that court record as appropriate.

(h>(i) Release of Court Records. This rule does not limit the power of the court to release exhibits or other parts of court records that are the property of the person or party initially placing the items in the court records initially. The court may require copies to be substituted as a condition to releasing the court records under this subdivision.

GXj) Right to Expunge Records. Nothing in this rule shall affect the power of the court to order records expunged.

(4)(k) Sealed Records. No record which has been sealed from public examination by order of court shall be destroyed without hearing after such notice as the court shall require.

RULE 2.076 RETENTION OF JUDICIAL BRANCH ADMINISTRATIVE RECORDS

(a) Definitions.

(1) “Judicial branch” means the judicial branch of government, which includes the state courts system, the clerk of court when acting as an arm of the court, The Florida Bar, the Florida Board of Bar Examiners, the Judicial Qualifications Commission, and all other entities established by or operating under the authority of the supreme court or the chief justice.

(2) “Records of the judicial branch” means all records, regardless of physical form, characteristics, or means of transmission, made or received in connection with the transaction of official business by any judicial branch entity and consists of:

(A) “court records,” which means the contents of the court file, including the progress docket and other similar records generated to document activity in a case, transcripts filed with the clerk, documentary exhibits in the custody of the clerk, and electronic records, videotapes, or stenographic tapes of depositions or other proceedings filed with the clerk, and electronic records, videotapes, or stenographic tapes of court proceedings; and

(B) “administrative records,” which means all other records made or received pursuant to court rule, law, or ordinance, or in connection with the transaction of official business by any judicial branch entity.

(b) Retention requirements. Administrative records in the judicial branch shall be retained in accordance with the Judicial Branch Records Retention Schedule approved by the supreme court.

2002 Commentary

This rule does not apply to court records and files that are governed by rule 2,075. This rule applies to administrative records.

To provide a consistent schedule for retention of administrative records in the .judicial branch, the Supreme Court Work-group on Public Records recommended that the Court adopt the Judicial Branch Records Retention Schedule. This schedule uses the legislatively authorized Department of State retention schedules, as appropriate, and includes a schedule for other records that are unique to the .judicial branch.

State of Florida

JUDICIAL BRANCH RECORDS RETENTION SCHEDULE FOR ADMINISTRATIVE RECORDS

GENERAL APPLICATION

This record retention schedule does not impose a duty to create records contained in the schedule. The purpose of the schedule is to authorize destruction of records after the retention period has elapsed. The records custodian may retain records longer than required by the schedule. This schedule authorizes destruction of records unless otherwise provided by court rule.

The retention period should be calculated from the time that the record is completed. For purposes of calculating the retention period, fiscal records should be considered completed at the end of a fiscal year. All retention periods are subject to the caveat “provided that applicable audits have been released.”

The records custodian of the judicial branch entity that creates a record creates the “record copy” and is responsible for its retention in accordance with this schedule. The records custodian of the judicial branch entity that properly receives a record from outside the judicial branch has the “record copy” and is responsible for its retention in accordance with this schedule. Duplicates are only required to be retained until obsolete, superseded or administrative value is lost.

“Record Series” means a group of related documents arranged under a single filing arrangement or kept together as a unit because they consist of the same form, relate to the same subject, result from the same activity, or have certain common characteristics.

ACCOUNTS PAYABLE/RECEIVABLE RECORDS: SUMMARY

This record series consists of documentation of receipts and disbursements in summary. Records include the vendor name, vendor invoice and number, date of invoice, warrant number, date of warrant and the amount of the warrant. See also “ACCOUNTS PAYABLE: SUPPORTING DOCUMENTS” and “ACCOUNTS RECEIVABLE: SUPPORTING DOCUMENTS.”

RETENTION: 10 years.

ACCOUNTS PAYABLE: SUPPORTING DOCUMENTS

This record series consists of documentation of receipts and disbursements and the individual items leading to the summary information. Records include the vendor name, vendor invoice and number, date of invoice, warrant number, date of warrant and the amount of the warrant. See also “ACCOUNTS PAYABLE / RECEIVABLE RECORDS: SUMMARY.”

RETENTION: 3 years.

ACCOUNTS RECEIVABLE: SUPPORTING DOCUMENTS

This record series consists of documentation of receipts and the individual items leading to the summary information. Records include the amount received, the account credited, the payee, the service rendered or tax paid, the check and receipt number, and the date of payment. See also “ACCOUNTS PAYABLE / RECEIVABLE RECORDS: SUMMARY” and “ACCOUNTS PAYABLE: SUPPORTING DOCUMENTS.”

RETENTION: 4 years.

ACQUISITION RECORDS: LIBRARY

This record series consists of information on the acquisition of library materials including: books, periodicals, filmstrips, software, compact discs, video/audio tapes, and other non-print media. This information may include the accession date and method, the publisher and cost, the date entered into the collection, dates removed from collection, and method of final disposal.

RETENTION: Retain for life of material.

ADMINISTRATIVE CONVENIENCE RECORDS

This record series consists of a subject file, generally filed alphabetically, which is located away from the official files, such as in the Director’s and other supervisory offices. The file contains DUPLICATES of correspondence, reports, publications, memoranda, etc., and is used as a working file or reference file on subjects which are currently significant or which may become significant in the near future. The material filed in this series is NOT the official file or record copy but is maintained for the convenience of the officials in carrying out their elected or appointed duties.

RETENTION: Retain until obsolete, superseded or administrative value is lost.

ADMINISTRATIVE SUPPORT RECORDS

This record series consists of records accumulated relative to internal administrative activities rather than the functions for which the office exists. Normally, these records document procedures; the expenditure of funds, including budget material; day-to-day management of office personnel including training and travel; supplies, office services and equipment requests and receipts and other recorded experiences that do not serve as official documentation of the programs of the office. However, because the content of these records vary so greatly in content and value (containing some duplicates and record copies), a relatively large proportion of them are of continuing value and may be subject to the audit process. Note: Reference a more applicable records series first if one exists. “These records may have archival value.”

RETENTION: 2 years.

ADMINISTRATIVE RECORDS: PUBLIC OFFICIALS/ COURT ADMINISTRATORS

This record series consists of office files documenting the substantive actions of elected or appointed officials and the court administrator. These records constitute the official record of a judicial branch entity’s performance of its functions and formulation of policy and program initiative. This series will include various types of records such as correspondence; memo-randa; statements prepared for delivery at meetings, conventions or other public functions that are designed to advertise and promote programs, activities and policies of the judicial branch entity; interviews; and reports concerning development and implementation of activities of the judicial branch entity. “These records may have archival value.” RETENTION: 10 years.

ADVERTISEMENTS: LEGAL

This record series consists of advertisements which have appeared in newspapers or in the “Administrative Weekly” on matters pertaining to the judicial branch entity and other legal ads which may or may not indirectly affect the judicial branch entity; i.e., bid invitations for construction jobs, public hearings or notices, public sales. See also “BID RECORDS: CAPITAL IMPROVEMENT SUCCESSFUL BID”, “BID RECORDS: CAPITAL IMPROVEMENT UNSUCCESSFUL BIDS” and “BID RECORDS: NON CAPITAL IMPROVEMENT.”

RETENTION: 5 years.

AFFIRMATIVE ACTION RECORDS

This record series consists of copies of reports submitted to the Equal Employment Opportunity Commission (EEOC) per their requirements for the judicial branch entity’s affirmative action plan. It may also include discrimination complaints, correspondence and investigative papers pertaining to the judicial branch entity’s affirmative action plan. See also “EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE RECORDS.”

RETENTION: 2 years.

AGREEMENTS: CAPITAL IMPROVEMENT

This record series consists of legal documents, correspondence, reports, etc., relating to negotiation, fulfillment and termination of capital improvement agreements to which the judicial branch entity is a party. “Capital improvements” shall mean enhancement to buildings, fixtures and all other improvements to land. In addition, it includes agreements with architects, engineers, builders, and construction companies. See also “AGREEMENTS: NON-CAPITAL IMPROVEMENT,” “CONTRACTS: CAPITAL IMPROVEMENT,” “CONTRACTS: NON-CAPITAL IMPROVEMENT,” “LEASES: CAPITAL IMPROVEMENT,” “LEASES: NON-CAPITAL IMPROVEMENT” and “LEASES: REAL PROPERTY.” RETENTION: 15 years after completion or termination of contract.

AGREEMENTS: NON-CAPITAL IMPROVEMENT

This record series consists of legal documents, correspondence, reports, etc., relating to negotiation, fulfillment and termination of non-capital improvement agreements to which the judicial branch entity is a party. In addition, it includes the various agreements entered into for goods and services and includes the purchase of gas, fuel oil and annual purchases of inventory maintained items. See also “AGREEMENTS: CAPITAL IMPROVEMENT,” “CONTRACTS: CAPITAL IMPROVEMENT,” “CONTRACTS: NON-CAPITAL IMPROVEMENT,” “LEASES: CAPITAL IMPROVEMENT,” “LEASES: NON-CAPITAL IMPROVEMENT” and “LEASES: REAL PROPERTY.”

RETENTION: 5 years after completion or termination of contract.

APPLICATIONS: GUARDIAN AD LI-TEM, MEDIATION, OTHERS

This record series consists of applications, supporting documents, correspondence and reports relating to the application of a person to be certified as a mediator, a program to be approved to offer training for mediators, a volunteer to be approved by the Guardian ad Litem Program, or other persons or programs regulated in the judicial branch.

RETENTION: 5 years after the person or program is no longer regulated by the judicial branch.

APPLICATIONS: LIBRARY CARDS

This record series consists of library card applications which must be renewed on an annual, bi-annual, or other basis. The application may include the patron’s name, address, telephone number, date of birth, as well as a statement of liability for the care and timely return of all materials checked out or utilized by the patron.

RETENTION: Retain for 30 days after expiration.

APPRAISALS: LAND PURCHASES (NOT PURCHASED)

This record series consists of documents pertaining to land not purchased by a judicial branch entity and all supporting documents. See also “APPRAISALS: LAND PURCHASES (PURCHASED).”

RETENTION: 3 years.

APPRAISALS: LAND PURCHASES (PURCHASED)

This record series consists of documents pertaining to land purchased by a judicial branch entity and all supporting documents. See also “APPRAISALS: LAND PURCHASES (NOT PURCHASED).”

RETENTION: Retain as long as judicial branch entity retains property.

ARCHITECTURAL PLANS/SPECIFICATIONS: PRELIMINARY DRAWINGS

This record series consists of those graphic and engineering preliminary drawing records that depict conceptual as well as precise measured information essential for the planning and construction of facilities.

RETENTION: Retain until completion and acceptance.

ATTENDANCE AND LEAVE RECORDS

This record series consists of requests or applications for vacation, sick, family medical leave (FMLA) and other types of leave including leave of absences, timesheets or timecards along with any required documentation (medical statements or excuses from a physician, jury duty summons, or military orders, etc.) submitted by an employee to document authorized absences.

RETENTION. 3 years.

AUDITS: INDEPENDENT

This record series consists of a report issued by an independent auditor to establish the position of the judicial branch entity being audited against its standard of performance. See also, “AUDITS: INTERNAL,” “AUDITS: STATE/FEDERAL” and “AUDITS: SUPPORTING DOCUMENTS.”

RETENTION: 10 years.

AUDITS: INTERNAL

This record series consists of a report issued by an internal auditor to establish the position of a judicial branch entity being audited against its standard of performance. See also, “AUDITS: INDEPENDENT,” “AUDITS: STATE/FEDERAL” and “AUDITS: SUPPORTING DOCUMENTS.”

RETENTION: 3 years

AUDITS: STATE/FEDERAL

This record series consists of a report issued by a federal or state auditor to establish the position of a judicial branch entity being audited against its standard of performance. See also, “AUDITS: INDEPENDENT,” “AUDITS: INTERNAL” and “AUDITS: SUPPORTING DOCUMENTS.” “These records may have archival value.” RETENTION: 10 years.

AUDITS: SUPPORTING DOCUMENTS

This record series consists of the documentation and supporting documents used to develop the audit report with all bills, accounts, records and transactions. See also “AUDITS: INDEPENDENT,” “AUDITS: INTERNAL” and “AUDITS: STATE/FEDERAL.”

RETENTION: 3 years.

BACKGROUND/Security Checks

This record series consists of background/security checks for potential new hires and promotions. These checks may include a background and driver’s license screening, reference check, and verification of academic standing. The files might include notices of not being hired based on the outcome of a security check and a opportunity for rebuttal. Supporting documentation consists of fingerprint cards, copy of the driver’s license, copy of the transcript release form, returned form reference letters, and other necessary information.

RETENTION: 2 years.

BAD CHECK RECORDS

This record series consists of an itemization of bad checks received. See also “CHECKS: CANCELED,” “CHECKS: STUBS,” “CHECKS: LOG” and “CHECKS: REGISTERS.”

RETENTION: 3 years.

BALANCE SHEETS

This record series consists of balance sheets that contain information as to what money was collected for, the amount collected, and the date.

RETENTION: 3 years.

BANK ACCOUNT AUTHORIZATION RECORDS

This record series consists of an authorization to maintain a bank account and who is authorized to sign off on the account.

RETENTION: 1 year after superseded by new authorization.

BANK STATEMENTS: RECONCILIATION

This record series consists of monthly statements of bank accounts to show debits, credits and cash balance in the account.

RETENTION: 3 years.

BAR APPLICANTS: ADMITTED

This record series consists of bar applications, supporting documents, all investigative materials, of administrative value, correspondence, reports, and similar materials accumulated during the bar admissions process regarding bar applicants who were subsequently admitted to The Florida Bar.

RETENTION: Bar application and fingerprint card, 5 years.

All other materials, 1 year.

BAR APPLICANTS: NOT ADMITTED (WITH NO RECOMMENDATION)

This record series consists of bar applications, supporting documents, all investigative materials of administrative value, correspondence, reports, and similar materials accumulated during the bar admissions process regarding bar applicants who have not been admitted to The Florida Bar and who have not received an unfavorable recommendation by the Florida Board of Bar Examiners.

RETENTION: 20 years or the death of the applicant, whichever is earlier.

BAR APPLICANTS: NOT ADMITTED (WITH UNFAVORABLE RECOMMENDATION)

This record series consists of bar applications, supporting documents, all investigative materials of administrative value, correspondence, reports, and similar materials accumulated during the bar admissions process regarding bar applicants who have not been admitted to The Florida Bar and who have received an unfavorable recommendation by the Florida Board of Bar Examiners by either a negotiated consent judgment or the issuance of findings of fact and conclusions of law.

RETENTION: 40 years or the death of the applicant, whichever is earlier.

BAR EXAMINATION/ANSWERS

This record series consists of answers to essay questions and answer sheets to machine-scored questions submitted by bar applicants during the bar examination administered by the Florida Board of Bar Examiners.

RETENTION: Until the conclusion of the administration of the next successive general bar examination.

BAR EXAMINATION/FLORIDA PREPARED PORTION

This record series consists of the portion of the bar examination prepared by the Florida Board of Bar Examiners.

RETENTION: 10 years from the date of the administration of the examination.

BID RECORDS: CAPITAL IMPROVEMENT SUCCESSFUL BIDS

This record series consists of information relative to the processing and letting of capital improvement successful bids including legal advertisements, “Requests for Proposal,” technical specifications, correspondence, “Invitations to Bid,” bid tabulations and bid responses. “Capital Improvements” shall mean enhancement to buildings, fixtures and all other improvements to land. See also “BID RECORDS: CAPITAL IMPROVEMENT UNSUCCESSFUL BIDS” and “BID RECORDS: NON-CAPITAL IMPROVEMENT.”

RETENTION: 15 years.

BID RECORDS: CAPITAL IMPROVEMENT UNSUCCESSFUL BIDS

This record series consists of information relative to the processing and letting of capital improvement unsuccessful bids including legal advertisements, “Requests for Proposal,” technical specifications, correspondence, “Invitations to Bid,” bid tabulations and bid responses. “Capital Improvements” shall mean enhancement to buildings, fixtures and all other improvements to land. See also “BID RECORDS: CAPITAL IMPROVEMENT SUCCESSFUL BIDS” and “BID RECORDS: NON-CAPITAL IMPROVEMENT.”

RETENTION: 5 years.

BID RECORDS: NON-CAPITAL IMPROVEMENT

This record series consists of information relative to the processing and letting of successful and unsuccessful non-capital improvement bids including legal advertisements, “Requests for Proposal,” technical specifications, correspondence, “Invitations to Bid,” bid tabulations and bid responses. See also “BID RECORDS: CAPITAL IMPROVEMENT SUCCESSFUL BIDS” and “BID RECORDS: CAPITAL IMPROVEMENT UNSUCCESSFUL BIDS.” RETENTION: 5 years.

BIOGRAPHICAL FILES

This record series consists of vitas, biographies, photographs and newspaper clippings of employees. RETENTION: Retain until obsolete, superseded or administrative value is lost.

BUDGET RECORDS: APPROVED ANNUAL BUDGET

This record series consists of the approved annual budget and its amendments. See also “BUDGET RECORDS: SUPPORTING DOCUMENTS,” “These records may have archival value.”

RETENTION: Permanent.

BUDGET RECORDS: SUPPORTING DOCUMENTS

This record series consists of any supporting documentation supporting budget matters and is filed chronologically. See also “BUDGET RECORDS: APPROVED ANNUAL BUDGET.”

RETENTION: 3 years.

BUILDING PLANS

This record series consists of graphic and engineering records that depict conceptual as well as precise measured information essential for the planning and construction of buildings. See also “ARCHITECTURAL PLANS / SPECIFICATIONS: PRELIMINARY DRAWINGS.”

RETENTION: Retain for life of structure.

CALENDARS

This record series consists of a calendar showing official daily appointments and meetings.

RETENTION: 1 year.

CASH COLLECTION RECORDS

This record series consists of, but is not limited to, daily cash listings, copies of receipts, daily cash register tapes, cash collection and deposit slips used to balance for cash deposits. See also “DEPOSIT/WITHDRAWAL/ TRANSFER SLIPS” and “RECEIVING