Fla. R. Gen. Prac. & Jud. Admin. 2.423

(a) Scope and Purpose. As provided by article I, section 16

of the Florida Constitution, known as “Marsy’s Law,” the following

rule shall govern public access to and the protection of the records

of the judicial branch of government in criminal and juvenile justice

cases as it pertains to confidential crime victim information. This

rule shall be interpreted to be consistent with the scope and

purpose of rule 2.420.

(b) Definitions.

(1) “Confidential crime victim information” means 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.

(2) “Crime” and “criminal” include delinquent acts and

conduct.

(3) A “victim” is a person who suffers direct or

threatened physical, psychological, or financial harm as a result of

the commission or attempted commission of a crime or delinquent

act or against whom the crime or delinquent act is committed. The

term “victim” includes the victim’s lawful representative, the parent

or guardian of a minor victim, or the next of kin of a homicide

victim, except upon a showing that the interest of such individual

would be in actual or potential conflict with the interests of the

victim. The term “victim” does not include the accused.

(c) Confidential and Exempt Records. In accordance with

rule 2.420(c)(9), confidential crime victim information is determined

to be confidential on the grounds that confidentiality is required to

comply with the Florida Constitution.

(d) Procedure for Identifying Confidential Crime Victim

Information in Criminal and Juvenile Court Records.

(1) The filer of an initial charging document shall

prominently indicate the existence of confidential crime victim

information pursuant to article I, section 16 of the Florida

Constitution. If the filer indicates the existence of confidential

crime victim information, the clerk of the court shall designate and

maintain the confidentiality of any such information contained

within the initial charging document.

(2) Except as provided under subdivision (d)(1), the filer

of any document with the court under subdivision (d) shall

ascertain whether it contains any confidential crime victim

information. If the filer believes in good faith that information is

confidential, the filer shall request that the information be

maintained as confidential by contemporaneously filing a “Notice of

Confidential Crime Victim Information within Court Filing.”

(3) A crime victim, the filer, a party, or any affected

nonparty may file a Notice of Confidential Crime Victim Information

within Court Filing at any time.

(4) Filers of subsequent court filings shall limit the

presence of crime victim identifying information in accordance with

rule 2.425(a)(3) or file a Notice of Crime Victim Information within

Court Filing with each subsequent court filing that contains

confidential crime victim information.

(5) A Notice of Confidential Crime Victim Information

within Court Filing:

(A) Shall identify the precise location of the

confidential information within the document being filed.

(B) Shall be confidential to the extent it contains

crime victim information pursuant to article I, section 16.

(C) Shall not be required when an entire case file

is maintained as confidential.

(D) A form shall accompany this rule.

(6) If a Notice of Crime Victim Information within Court

Filing is filed, the clerk of court shall review the filing identified as

containing confidential crime victim information to determine

whether the purported confidential information is facially subject to

confidentiality under article I, section 16(b)(5) of the Florida

Constitution.

(A) The clerk of the court shall designate and

maintain the confidentiality of any such information contained

within a court record.

(B) If the clerk determines that the information is

not confidential, the clerk shall notify the filer in writing within 5

days of filing the notice and thereafter shall maintain the

information as confidential for 10 days from the date such

notification by the clerk is served. The information shall not be

held as confidential for more than that 10-day period, unless a

motion has been filed pursuant to rule 2.420(d)(3).

APPENDIX A

NOTICE OF CONFIDENTIAL CRIME VICTIM INFORMATION

WITHIN COURT FILING

Pursuant to Florida Rule of General Practice and Judicial

Administration 2.423, I hereby certify:

( ) (1) I am filing a document containing confidential crime

victim information as described in rule 2.423(b)(1) and that:

(a) The title/type of the document is _________________,

and;

(b) ( ) the entire document is confidential, or

( ) the confidential information within the

document is precisely located at: ________________________________.

or

( ) (2) A document was previously filed in this case that

contains confidential crime victim information as described in rule

2.423(b)(1), but a Notice of Confidential Crime Victim Information

within Court Filing was not filed with the document and the

confidential information was not maintained as confidential by the

clerk of the court. I hereby notify the clerk that this information is

located as follows:

(a) Title/type of document: ___________________________;

(b) Date of filing (if known): __________________________;

(c) Date of document: ________________________________;

(d) Docket entry number: ____________________________;

and either:

( ) Entire document is confidential, or

( ) The precise location of the confidential crime victim

information is: ___________________________________________________.

______________________________

Filer’s Signature

CERTIFICATE OF SERVICE

I certify that the foregoing document has been furnished to

(here insert names or names, addresses used for service, and

mailing addresses) by (portal) (e-mail) (delivery) (mail) on ….(date)….

[See Note 1].

Name:

______________________________

Address:

______________________________

Phone:

______________________________

Florida Bar No. (if applicable)

______________________________

E-mail address:

______________________________

Note 1: If the name or address of a Party or Affected Nonparty is

confidential DO NOT include such information in the Certificate of

Service. Instead, serve the State Attorney or request Court Service

as described under rule 2.420(k).

Note 2: The clerk of the court shall review filings identified as

containing confidential crime victim information to determine

whether the information is facially subject to confidentiality under

rule 2.423(d)(6). As provided under rule 2.423(d)(6)(B), the clerk

shall notify the filer in writing within 5 days if the clerk determines

that the information is not subject to confidentiality, and the

records shall not be held as confidential for more than 10 days,

unless a motion is filed pursuant to rule 2.420(d)(3).