Clerk ’ s CORNER Instituting Marsy ’ s Law : An Introduction to Rule 2.423
“ The power of the Constitution will always be in the people .”
– George Washington
In 2018 , Florida voters approved Marsy ’ s Law , a constitutional amendment granting privacy rights to crime victims . Among other things , Marsy ’ s Law broadens who is exempt from disclosure of certain personal information and records , extending protection to all victims of crime . To implement the law and better protect victims ’ information , a new procedural rule became necessary . On November 18 , 2021 , the Florida Supreme Court approved Rule of General Practice and Judicial Administration 2.423 . Sarasota County litigants are encouraged to familiarize themselves with this new administrative rule to avoid the inadvertent disclosure of protected victim information .
Consistent with the scope and purpose of Rule 2.420 , dealing with public access to judicial branch records , Rule 2.423 governs public access to and the protection of judicial records in criminal and juvenile cases . Specifically , the new rule addresses the treatment of “ confidential crime victim information ,” in these types of cases , defining this term as “ any information contained within a court record that could be used to locate or harass the victim or the victim ’ s family , or which could disclose confidential or privileged information of the victim .” Further , the rule creates a form for use by crime victims , filers , a party , or any affected non-party when documents contain protected information . This mechanism is critical to the clerk identifying cases invoking Marsy ’ s Law protection .
Mirroring the provisions of Rule 2.420 , the new rule establishes that any subsequent filings containing confidential crime victim information be accompanied by a notice identifying the confidential information and indicating its precise location in the document . The notice prompts the clerk to review the document to determine whether it contains protected information .
Rule 2.423 aims to standardize the approach to handling records and confidentiality under Marsy ’ s Law , however , developments relating to its interpretation and application remain ongoing . The Sarasota Clerk of the Circuit Court and County Comptroller is committed to the implementation of Marsy ’ s Law in carrying forth our mission to serve the citizens of Sarasota County . �
In 2009 , the Florida Supreme Court directed courts to transition from a paper-based information management system to one that relies on digital records and the Florida Courts e-Filing Portal was implemented to allow parties to electronically file documents .
E-filers were encouraged to submit proposed orders using the Portal ; however , those unsigned documents were finding their way into court files and causing major confusion . The Twelfth Judicial Circuit entered AO2015-9.2 which banned e-filers from uploading proposed orders until the situation could be resolved .
Improvements to the Portal have been made and Chief Judge Roberts has rescinded and replaced AO2015-9.2 with AO2022-1.2 , effective January 24 , 2022 .
Parties and attorneys are encouraged to review the judge ’ s or magistrate ’ s requirements and procedures for receiving proposed orders through the Portal using the “ Proposed Documents ” feature . ( If the requirements do not specifically address proposed orders , the default is that all proposed orders shall be submitted electronically to the judge or magistrate through the Portal .)
To allow for adequate transition time , the court is allowing a three-month grace period before requiring attorneys electronically submit their proposed orders in Word (. docx ) format through the Portal . If the document is not a Word document it will be rejected . The grace period ends May 2 , 2022 , unless good cause is shown .
26 | THE DOCKET - FEBRUARY 2022