RECORDS EXCLUDED FROM PUBLIC VIEW


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Adoption Records
Affirmation of Parental Status for Gestational Surrogacy
Attorney Fee Contingency Contracts
Autopsy Records
Birth Certificates
Child Abuse/Neglect
Child Support Information
Children’s Records
Children & Families in Need of Services Records
Civil Records
Computer & Security Records
Crash Reports
Criminal Records
Dates of Birth and Death
Death Certificates
Domestic Violence Records
DNA Test Results
Drug Court Records
Family Law Records
Financial Records
Grand Jury Records
Guardianship Records
Health Records
Interference with Custody
Juvenile Records
Military Records
Motor Vehicle Records
Nurse Disciplinary Actions
Parent Identification
Parental Notifications of Abortion
Passport Applications
Paternity Files
Personal Information on Government Agency Employees
Personnel Records
Probate Records
Protective Services Records
Sealed and Expunged Cases
Security Records
Social Security Numbers
Termination of Parental Rights (TPR) Records
Victim & Witness Information
Voting Records

The following types of information, documents, and/or files/cases/records are restricted from public access under Chapter 119 (the Public Records Act), Florida Statutes, and other applicable statutes and court rules. In addition to these authorities, it is important to keep in mind that a judge with proper jurisdiction can seal any record.

Adoption Records

All papers and records pertaining to adoptions, including the original birth certificate, are confidential and subject to inspection only on order of the court. The court files, records, and papers in adoptions of a minor are indexed only in the name of the petitioner, and the name of the minor is not noted on any docket, index, or other record outside the court file. See Fla. Stat. §§ 63.022 & 63.162.

Affirmation of Parental Status for Gestational Surrogacy

Pursuant to Fla. Stat. § 742.16(9), all papers and records pertaining to these actions, including the original birth certificate, are confidential and exempt, and subject to inspection only upon order of the court. The court files, records, and papers shall be indexed only in the name of the petitioner, and the name of the child shall not be noted on any docket, index, or other record outside the court file.

Attorney Fee Contingency Contracts

Cases filed in the circuit court concerning attorney fee contingency contracts are confidential, pursuant to Rule 4-1.5(f)(4), of the Rules Regulating the Florida Bar.

Autopsy Records

Autopsy photographs and video and audio recordings of an autopsy are confidential. See Fla. Stat. § 406.135.

Birth Certificates

Information regarding parentage, marital status, and medical details contained in original birth certificates is confidential. See Fla. Stat. §§ 382.013(5) & 382.025(1).

Child Abuse/Neglect

Any information that reveals the identity of the surviving siblings, family members, or others living in the home of a deceased child who is the subject of review by the State Child Abuse Death Review Committee, pursuant to Fla. Stat. § 383.402, is confidential and exempt.

Child Support Information

Any information that reveals the identity of applicants for, or recipients of, child support services, in possession of a non-Title IV-D county child support enforcement agency is confidential. See Fla. Stat. § 61.1827.

Children’s Records

Children’s names and records are exempt from public access. See Fla. Stat. § 39.0132, 63.089, 63.162, 390.01114, 742.16, 984.06, and 985.05.

Children & Families in Need of Services Records

The clerk must keep these court records separate from other court records because they are not open to inspection by the public. See Fla. Stat. § 984.06(3) ("a child and the parents or legal custodians of the child and their attorneys, law enforcement agencies, and the department and its designees may inspect and copy any official record pertaining to the child. 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 and disposition the court deems proper, and may punish by contempt proceedings any violation of those conditions.")

Civil Records

• Jimmy Ryce cases: Psychological or psychiatric reports, drug and alcohol reports, treatment records, medical records, or victim impact statements that have been submitted to the court or admitted into evidence shall be part of the record but shall be sealed and may be opened only pursuant to a court order. See FS 394.921.

• Mediation Reports: All written or oral communications of mediation proceedings other than the executed settlement agreement are confidential and not available for public view. See Fla. Stat. § 44.102(3).

• Qui tams: These cases are sealed at case creation for 90 days, with public access only to case name and number. After 90 days, the case is open to the public, unless a motion to extend the sealing period is granted. See Fla. Stat. § 68.083.

Computer & Security Records

• Data, programs, or supporting documentation that are trade secrets as defined in Fla. Stat. § 812.081, that resides or exists internal or external to a computer, computer system, or computer network, that are held by an agency as defined in Fla. Stat. Ch. 119, are confidential, and willful taking, disclosure, or destruction constitute felony offenses. See Fla. Stat. §§ 119.071(1)(f) & 815.04.

• All records relating to security systems for any property owned or leased by an agency are confidential. See Fla. Stat. § 281.301.

Crash Reports

Under Fla. Stat. § 316.066(3)(c):

• Crash reports that reveal the identity, home or employment telephone number or home or employment address of, or other personal information concerning the parties involved in the crash, and that are received or prepared by any agency that regularly receives or prepares information from or concerning the parties to motor vehicle crashes, are confidential for a period of 60 days after the date the report is filed.

• Crash reports may be made immediately available to the parties involved in the crash, their legal representatives, their licensed insurance agents, their insurers or insurers to which they have applied for coverage, persons under contract with such insurers to provide claims or underwriting information, prosecutorial authorities, radio and television stations licensed by the Federal Communications Commission, newspapers qualified to publish legal notices under chapter 50, and free newspapers of general circulation, published once a week or more often, available and of interest to the public generally for the dissemination of news.

• Any state or federal agency that is authorized to have access to such reports by any provision of law shall be granted access in the furtherance of the agency's statutory duties.

• Any person attempting to access crash reports within 60 days after the date the report is filed must present legitimate credentials or identification that demonstrates his or her qualifications to access that information.

• Any employee of a state or local agency in possession of crash reports, who knowingly discloses such confidential information to a person not entitled to access such information under this section, is guilty of a felony of the third degree.

• Any person, knowing that he or she is not entitled to obtain crash reports, who obtains or attempts to obtain such information, is guilty of a felony of the third degree.

Criminal Records

• Criminal files in which there is an outstanding arrest warrant are confidential. This exemption from public disclosure lasts for one year from the date the warrant was issued. See Rule 2.420(6), Florida Rules of Judicial Administration; Rule 3.140(l), Florida Rules of Criminal Procedure; Fla. Stat. § 119.071(2)(c).

• Criminal files involving charges of lewd and lascivious behavior concerning a minor are confidential. See Fla. Stat. §§ 119.071(2)(h).

• All information that reveals the identity of the victim of the crime of sexual battery as defined in chapter 794; the identity of the victim of the crime of lewd, lascivious, or indecent assault upon or in the presence of a child, as defined in chapter 800; or the identity of the victim of the crime of child abuse as defined by chapter 827; and any criminal intelligence information or criminal investigative information or other criminal record, including those portions of court records that may reveal the identity of a person who is a victim of any sexual offense, including a sexual offense prescribed in chapter 794, chapter 800, or chapter 827, is confidential. See Fla. Stat. § 119.071(2)(h). See also Fla. Stat. § 794.03 ("No person shall print, publish, or broadcast, or cause or allow to be printed, published, or broadcast, in any instrument of mass communication the name, address, or other identifying fact or information of the victim of any sexual offense within this chapter. Such identifying information is confidential . . . . An offense under this section shall constitute a misdemeanor of the second degree . . . .")

• Any information revealing the substance of a confession of a person arrested, until such time as the criminal case is finally determined by adjudication, dismissal, or other final disposition, is confidential. See Fla. Stat. § 119.071(2)(e).

• Presentence investigation reports prepared by the Department of Corrections are confidential. See Fla. Stat. § 921.231(4); Fla. R. Crim. P. 3.713.

Dates of Birth and Death

The full date of birth of defendants in criminal cases, and the name and dates of birth and death of deceased persons in probate cases may be made available electronically by a Florida Clerk of Court. See AOSC07-49.

Death Certificates

The cause of death section of all death and fetal death records, and the paternity, marital status, and medical information of all fetal death records of this state, are confidential and are not open to public inspection. Death certificates may be recorded with the specified sections deleted. See Fla. Stat. §§ 28.222(3)(g) & 382.008(6). See also Fla. Stat. § 28.2221 (the Clerk may not place an image or copy of a death certificate on a publicly available Internet website for general public display).

Domestic Violence Records

Pursuant to Fla. Stat. § 741.30(3)(b), a petitioner seeking an injunction against domestic violence may furnish his or her address to the court in a separate confidential filing, if, for safety reasons, the petitioner requires the location of his or her current residence to be confidential.

DNA Test Results

Except for purposes of criminal prosecution, except for purposes of determining paternity as provided in Fla. Stat. § 742.12(1), and except for purposes of acquiring specimens from persons convicted of certain offenses as provided in Fla. Stat. § 943.325, DNA analysis may be performed only with the informed consent of the person to be tested, and the results of such DNA analysis, whether held by a public or private entity, are the exclusive property of the person tested, are confidential, and may not be disclosed without the consent of the person tested. Such information held by a public entity is exempt from the provisions of Fla. Stat. § 119.07(1) and Art. I, § 24(a), Florida Constitution. While the file is public record, the DNA blood test information is exempt from public inspection. See Fla. Stat. § 760.40(2)(a).

Drug Court Records

Drug courts are established under Fla. Stat. § 397.334, and the records are confidential under the Public Health and Welfare Act, Title 42, U.S. Code, Chapter 6A, Subchapter III-A, Part D, Sec. 290dd-2. See also FS 397.501(7).

Family Law Records

• Section 28.2221, Florida Statutes, provides that the Clerk may not place an image or copy of a court file, record, or paper relating to matters or cases governed by the Florida Rules of Family Law on a publicly available Internet website for general public display.

• Notices of Social Security Number as required by Fla. Stat. § 61.052, used for child support purposes, are exempt from public access.

Financial Records

• When a county seeks to acquire by purchase any real property for a public purpose, appraisals, offers, and counteroffers are not available for public disclosure or inspection until an option contract is executed, or until 30 days before a contract or agreement for purchase is considered by approval by the board of county commissioners. See Fla. Stat. § 125.355(1)(a).

• It is unlawful for any person to divulge federal tax information obtained under 26 U.S.C. § 6103, except in accordance with a proper judicial order, and such information is confidential. See Fla. Stat. § 192.105(1).

• All returns of property and returns required by Fla. Stat. § 201.022 submitted by the taxpayer are confidential in the hands of the property appraiser, the clerk of the circuit court, the Department of Revenue, the tax collector, the Auditor General, and the Office of Program Policy Analysis and Government Accountability, except upon court order. See Fla. Stat. § 193.074.

• The return required to be filed before a deed transferring real property can be recorded is confidential and shall not be recorded. See Fla. Stat. § 201.022(1).

• Credit card account numbers in the possession of a local government are confidential. See Fla. Stat. § 215.322(6).

• Information revealing the employing unit’s or individual’s identity obtained from the unit or individual in administering unemployment compensation must be held confidential. See Fla. Stat. § 443.1715.

• The records of insurance claim negotiations of any political subdivision are confidential until termination of all litigation and settlement of all claims arising out of the same incident. See Fla. Stat. § 624.311(2).

• Sealed bids or proposals pursuant to invitations to bid or requests for proposals are exempt until such time as the agency provides notice of a decision or within 10 days after the bid or proposal opening. Fla. Stat. § 119.071(1)(b).

• Financial statements that an agency requires a prospective bidder to submit to prequalify for bidding or for responding to a proposal for a road or other public works project are exempt. Fla. Stat. § 119.071(1)(c).

• Bank account numbers, and debit, charge, and credit card numbers held by an agency are exempt. Fla. Stat. § 119.071(5)(b). See also Fla. Stat. § 501.0118.

After 10/01/02, documents to be recorded in the official records should not contain bank account numbers, and debit, charge, and credit card numbers, but if they do, the numbers may be made available as part of the official record for public inspection. Anyone may request to have complete bank account numbers, and debit, charge, and credit card numbers removed from a document, digital image or copy of an official record made available for public inspection. The request must be in writing, signed by the requestor, and must specify the page numbers from which the number is to be redacted. Click here to complete a form to make this request

In 2006, the Florida legislature mandated that, until January 1, 2008, bank account numbers, debit card numbers, and charge and credit card numbers that are exempt but included in court files may be included as part of the record made available for public viewing, unless redaction is requested by the holder of the number in a signed, legibly written request that specific the case number, case name, document heading, and page number. After January 1, 2008, the clerk must keep this information confidential and exempt without anyone having to request redaction. See Fla. Stat. § 119.071(7).

In 2007, the Florida legislature extended the January 1, 2008 deadline until January 1, 2011. See Fla. Stat. § 119.0714(2).

Grand Jury Records

• The stenographic records made by the court reporter during grand jury sessions are exempt from inspection and must be filed with the clerk who shall keep them in a sealed container. These records can be released by the clerk only on request by a grand jury for use by the grand jury or on order of the court. See Fla. Stat. § 905.17(1).

• Grand jury proceedings are secret. See Fla. Stat. § 905.24.

• The findings of an indictment may not be disclosed until an arrest has been made. See Fla. Stat. § 905.26.

• A report or presentment not accompanied by a true bill or indictment is exempt from inspection. See Fla. Stat. § 905.28.

• Statewide grand jury proceedings may not be published, broadcasted, disclosed, divulged, or communicated without a court order. See Fla. Stat. § 905.395.

Guardianship Records

Guardianship reports are sealed, and may be seen only by the court, clerk or clerk’s representative, the guardian and his/her attorney, and the ward and his/her attorney. See Fla. Stat. §§ 744.3701(1) & 744.708(2); Rule 5.555(f), Florida Probate Rules.

Health Records

• Alzheimer’s Disease: Client information received through files, reports, and inspections by the Department of Elderly Affairs, persons who volunteer services, or persons who provide services to clients through contracts with the department is confidential. Such information may not be disclosed publicly in such a manner as to identify a person who receives services, unless that person or that person's legal guardian provides written consent. See Fla. Stat. § 430.504.

• Blindness: Any information contained in the statewide registry of the Division of Blind Services, which, when released, could identify an individual is confidential. See Fla. Stat. § 413.011(1)(b).

• Disabled Adults: Client information about disabled adults who receive services from Aging and Adult Services, received through files, reports, and inspections by the department, persons who volunteer services, or persons who provide services to disabled adults through contracts, is confidential. The information may not be disclosed publicly in a manner that identifies a disabled adult, unless the person or his or her legal guardian provides written consent. See Fla. Stat. § 410.037.

• Hearing Impaired: Names, addresses, and telephone numbers provided to the Florida Public Service Commission by applicants for specialized telecommunications devices are confidential. The information shall be released only to contractors only to the extent necessary for assignment and shipment of equipment, for provision of training in the use of equipment, and for inventory reconciliation purposes. See Fla. Stat. § 427.705(6).

• Hepatitis B: Reports of hepatitis B carrier status filed by a licensee or applicant in compliance with the requirements established by the Board of Dentistry are confidential, except for the purpose of the investigation or prosecution of alleged violations of this chapter by the department. See Fla. Stat. § 466.041(3).

• Hospice: A hospice may not release a record or any portion thereof, unless (a) a patient or legal guardian has given express written informed consent; (b) a court of competent jurisdiction has so ordered; or (c) a state or federal agency, acting under its statutory authority, requires submission of aggregate statistical data. See Fla. Stat. § 400.611(3).

• Hospital Patient Records: Patient records are confidential and must not be disclosed without the consent of the patient, but appropriate disclosure may be made without such consent to listed persons/entities. See Fla. Stat. § 395.3025(4).

• HIV: The identity of a person upon whom an HIV test has been performed is confidential and exempt from the provisions of Fla. Stat. § 119.07(1). See Fla. Stat. §§ 381.004 & 384.287(6). But see Fla. Stat. 775.0877(2) (the results of HIV testing for an offender, pursuant to a conviction for a listed offense involving the transmission of body fluids, must be disclosed to listed individuals).

• Medical Research: The identity of any person whose condition or treatment has been studied for medical research is confidential. See Fla. Stat. § 405.03.

• Mental Illness & Substance Abuse: Clinical records of persons who are treated for mental illness and/or substance abuse are confidential. See Fla. Stat. §§ 394.4615(7), 397.501(7), & 916.107(8). Further, reports of any independent experts who examine the patient shall be confidential. See Fla. Stat. § 394.467(6)(a). See also federal confidentiality laws & administrative rules relating to the Florida Department of Children & Family Services 65E-5.250, 65E-5.280 & 65E-5.290.

• Nursing Home Patient Records: Residents' personal and medical records are confidential. See Fla. Stat. § 400.022(1)(m).

• Serological blood tests on inmates: Under Fla. Stat. § 951.27(2), the results may be provided only to employees or officers of the sheriff or chief correctional officer who are responsible for the custody and care of the affected inmate and have a need to know such information. Further, upon request of the victim or the victim's legal guardian, or the parent or legal guardian of the victim if the victim is a minor, the results of any HIV test performed on an inmate who has been arrested for any sexual offense involving oral, anal, or vaginal penetration by, or union with, the sexual organ of another, shall be disclosed to the victim or the victim's legal guardian, or to the parent or legal guardian of the victim if the victim is a minor. In such cases, the county or municipal detention facility shall furnish the test results to the Department of Health, which is responsible for disclosing the results to public health agencies and to the victim or the victim's legal guardian, or the parent or legal guardian of the victim if the victim is a minor.

• Sexually Transmitted Diseases: All information gathered in the course of contact investigations is confidential. See Fla. Stat. § 384.29.

• Tuberculosis: The name of any person who is subject to proceedings involving treatment for tuberculosis is protected under Fla. Stat. § 392.65.

Interference with Custody

The name of the person taking the child and the current address and telephone number of the person and the child that are contained in the report made to a sheriff or state attorney are confidential and exempt. See Fla. Stat. § 787.03(6)(c).

Juvenile Records

• Dependency: These files are only available to the child, attorney for the child, the parents, legal guardians, law enforcement agencies, Juvenile State Attorney, Department of Children & Families, Guardian Ad Litem, the Department of Juvenile Justice, and the staff of a children’s advocacy center that is established and operated under Fla. Stat. § 39.3035. See Fla. Stat. §§ 39.0132 & 39.202(2)(q). See also Fla. Stat. § 39.0132 (JAC permitted to inspect court dockets to audit compensation of court appointed attorneys); Fla. Stat. § 39.822 (Guardian Ad Litem permitted to inspect and copy records related to the best interest of the child who is the subject of the appointment, including confidential and exempt records). Further, regarding the parental notification of abortion act, when a minor petitions a circuit court for a waiver of the notice requirements pertaining to her seeking to terminate her pregnancy, any information in documents related to the petition which could be used to identify the minor is confidential. This applies to trial and appellate records. See Fla. Stat. § 390.01116.

• Delinquency: The clerk must keep these records separate from other records, except those pertaining to motor vehicle violations. These records are not open to inspection by the public, but may be inspected only upon order of the court by "persons deemed by the court to have a proper interest therein, except that a child and the parents, guardians, or legal custodians of the child and their attorneys, law enforcement agencies, the Department of Juvenile Justice and its designees, the Parole Commission, and the Department of Corrections shall always have the right to inspect and copy any official record pertaining to the child. 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 the use and disposition of such records the court may deem proper and may punish by contempt proceedings any violation of those conditions." See Fla. Stat. § 985.05(2). See also Fla. Stat. §§ 985.04(3), 985.05 (JAC permitted to view these records), 985.212(1)(b), 985.234(4) & (5), 985.31(4), & 985.311(4). But see Fla. Stat. § 985.08(2)(a) (“confidentiality of records information does not apply to juveniles who have been arrested for an offense that would be a crime if committed by an adult, regarding the sharing of the information on the juvenile with the law enforcement agency or county and any agency or person providing information for the development of the multiagency information sheet as well as the courts, the child, the parents or legal custodians of the child, their attorneys, or any other person authorized by the court to have access”); Fla. Stat. § 985.212(3) (“All records of such traffic violations shall be kept in the full name of the violator and shall be open to inspection and publication in the same manner as adult traffic violations.”).

• Section 28.2221, Florida Statutes, provides that the Clerk may not place an image or copy of a court file, record, or paper relating to matters or cases governed by the Florida Rules of Juvenile Procedure on a publicly available Internet website for general public display.

Military Records

Section 28.2221(5)(a), Florida Statutes, provides that the Clerk may not place an image or copy of a military discharge on a publicly available Internet website for general public display.

Motor Vehicle Records

Personal information contained in a motor vehicle record that identifies the subject of that record is exempt. Personal information includes, but is not limited to, the subject's social security number, driver identification number, name, address, telephone number, and medical or disability information. Personal information does not include information relating to vehicular crashes, driving violations, and driver's status. Exempt personal information contained in motor vehicle records shall be released by DHSMV for any of the following uses:

• For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles and dealers by motor vehicle manufacturers; and removal of nonowner records from the original owner records of motor vehicle manufacturers.

• For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a federal, state, or local agency in carrying out its functions.

• For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts, and dealers; motor vehicle market research activities, including survey research; and removal of nonowner records from the original owner records of motor vehicle manufacturers.

• For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only: (1) to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and (2) if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual.

• For use in connection with any civil, criminal, administrative, or arbitral proceeding in any court or agency or before any self-regulatory body for: (1) service of process by any certified process server, special process server, or other person authorized to serve process in this state; (2) investigation in anticipation of litigation by an attorney licensed to practice law in this state or the agent of the attorney; (3) investigation by any person in connection with any filed proceeding; (4) execution or enforcement of judgments and orders; (5) compliance with an order of any court.

• For use in research activities and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals.

• For use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, anti-fraud activities, rating, or underwriting.

• For use in providing notice to the owners of towed or impounded vehicles.

• For use by any licensed private investigative agency or licensed security service for any purpose permitted under this paragraph.

• For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license.

• For use in connection with the operation of private toll transportation facilities.

• For bulk distribution for surveys, marketing, or solicitations when the department has obtained the express consent of the person to whom such personal information pertains.

• For any use if the requesting person demonstrates that he or she has obtained the written consent of the person who is the subject of the motor vehicle record.

• For any other use specifically authorized by state law, if such use is related to the operation of a motor vehicle or public safety.

• For any other use if the person to whom the information pertains has given express consent on a form prescribed by the department. Such consent shall remain in effect until it is revoked by the person on a form prescribed by the department.

See Fla. Stat. § 119.0712(2).

Nurse Disciplinary Actions

Cases filed in circuit court involving the discipline of nurses are confidential pursuant to Fla. Stat. § 464.018.

Parent Identification

• The identity of a parent who leaves a newborn infant at a hospital, emergency medical services station, or fire station is confidential and exempt. Fla. Stat. § 383.51.

• The identity of a parent cannot be revealed in the following types of cases – dependency, CINS/FINS, adoptions, parental notifications of abortion, and terminations of parental rights. See FS 39.0132, 63.089, 63.162, 390.01114, and 984.06.

Parental Notifications of Abortion

When a minor petitions the circuit court for a waiver of the notice requirements pertaining to a minor seeking to terminate her pregnancy, any information in a record held by the circuit court or an appellate court which could be used to identify the minor is confidential and exempt. See Fla. Stat. § 390.01116.

Passport Applications

Information obtained from or in connection with a passport application is privileged under the Privacy Act of 1974 and under Title 22, Code of Federal Regulations, Section 51.33, and must not be divulged to any person or organization inquiring about such records. Requests for information concerning an applicant's personal background, address, travel plans, etc. should be referred to Passport Services, Washington, D.C. 20524. Statistical data concerning passport applications handled by the clerk's office, not including any information about specific applications, may be released.

Paternity Records

Under Fla. Stat. § 742.09, it is against the law for the owner, publisher, manager, or operator of any newspaper, magazine, radio station, or other publication, or any radio broadcaster, to publish the name of any of the parties to any court proceeding involving the determination of paternity. See also Fla. Stat. §§ 741.091 & 742.16(9).

Personal Information regarding Government Agency Employees

The following types of information for the following listed persons are exempt from public records requests and may be deleted or excised from records requested under Fla. Stat. § 119.071(4), provided that the person submits a written request for maintenance of the exemption:

• The home addresses, telephone numbers, social security numbers, and photographs of active or former law enforcement personnel, including correctional and correctional probation officers; personnel of the Department of Children and Family Services whose duties include the investigation of abuse, neglect, exploitation, fraud, theft, or other criminal activities; personnel of the Department of Health whose duties support the investigation of child abuse or neglect; personnel of the Department of Revenue or local governments whose responsibilities include revenue collection and enforcement or child support enforcement; the home addresses, telephone numbers, social security numbers, and places of employment of their spouses and children; and the names and locations of schools or day care centers attended by their children.

• The home addresses, telephone numbers, and photographs of firefighters certified under chapter 633, and the home addresses, telephone numbers, photographs, and places of employment of their spouses and children.

• The home addresses and telephone numbers of justices of the Florida Supreme Court, judges of the District Courts of Appeal, circuit court judges, and county court judges; the home addresses, telephone numbers, and places of employment of their spouses and children; and the names and locations of schools or day care centers attended by their children.

• The home addresses, telephone numbers, social security numbers, and photographs of current or former state attorneys, assistant state attorneys, statewide prosecutors, or assistant statewide prosecutors; the home addresses, telephone numbers, social security numbers, photographs, and places of employment of their spouses; and the names and locations of schools and day care centers attended by their children.

• The home addresses, telephone numbers, social security numbers, and photographs of current or former human resource, labor relations, employee relations directors, assistant directors, managers, or assistant managers of any local government agency or water management district whose duties include hiring and firing employees, labor contract negotiation, administration, or other personnel-related duties; the names, home addresses, telephone numbers, social security numbers, photographs, and places of employment of their spouses and children; and the names and locations of schools and day care centers attended by their children.

• The home addresses, telephone numbers, social security numbers, and photographs of current or former code enforcement officers; the names, home addresses, telephone numbers, social security numbers, photographs, and places of employment of their spouses and children; and the names and locations of schools and day care centers attended by their children.

• The home addresses, telephone numbers, social security numbers, and photographs of current or former United States attorneys and assistant United States attorneys; the home addresses, telephone numbers, social security numbers, photographs, and places of employment of the spouses and children of current or former United States attorneys and assistant United States attorneys; and the names and locations of schools and day care facilities attended by the children of current or former United States attorneys and assistant United States attorneys.

• The home addresses, telephone numbers, social security numbers, and photographs of current or former judges of United States Courts of Appeal, United States district judges, and United States magistrate judges; the home addresses, telephone numbers, social security numbers, photographs, and places of employment of the spouses and children of current or former judges of United States Courts of Appeal, United States district judges, and United States magistrate judges; and the names and locations of schools and day care facilities attended by the children of current or former judges of United States Courts of Appeal, United States district judges, and United States magistrate judges.

• The home addresses, telephone numbers, social security numbers, and photographs of current or former guardians ad litem, and the names, home addresses, telephone numbers, social security numbers, photographs, and places of employment of their spouses and children, if the guardian ad litem provides a written statement that the guardian has made reasonable efforts to protect such information from being accessible through other means available to the public.

• The home addresses, telephone numbers, and photographs of current or former juvenile probation officers, juvenile probation supervisors, detention superintendents, assistant detention superintendents, senior juvenile detention officers, juvenile detention officer supervisors, juvenile detention officers, house parents I and II, house parent supervisors, group treatment leaders, group treatment leader supervisors, rehabilitation therapists, and social services counselors of the Department of Juvenile Justice; the names, home addresses, telephone numbers, and places of employment of their spouses and children; and the names and locations of schools and day care facilities attended by their children.

• Click here to complete a form to make this request

Personnel Records

• All medical records and medical claim records in the custody of a unit of county or municipal government, relating to county or municipal employees, enrolled in a county or municipal group insurance plan or self-insurance plan, shall be kept confidential. See Fla. Stat. § 112.08.

• All records identifying individual participants in any tax-sheltered annuity or custodial contract or account for employees of governmental agencies, and their personal account activities, are confidential. See Fla. Stat. § 112.21(1).

• All records identifying individual participants in deferred compensation programs and their personal account activities are confidential. See Fla. Stat. § 112.215.

• Medical information pertaining to a prospective, current or former officer or employee of an agency, which if disclosed would identify that officer or employee, is exempt. See Fla. Stat. § 119.071(4)(b).

• Personal identifying information contained in records relating to a person’s health, held by local government entities or their service providers for the purpose of determining eligibility for paratransit services is confidential and exempt. See Fla. Stat. § 119.0713(2).

• Personal identifying information contained in employee assistance program records is confidential. See Fla. Stat. § 125.585(2).

• Employers who provide or administer health or life insurance benefits to its employees shall maintain the confidentiality of the information relating to the medical condition or status of any person covered by these benefits. See Fla. Stat. § 760.50(5).

• All patient medical records and any identifying information contained in adverse incident reports and treatment outcomes that are obtained by governmental entities are confidential. See Fla. Stat. § 766.1115(4)(c).

Probate Records

• Probate inventories are sealed, and may be seen only by the personal representative, attorney of record, or an "interested party," as defined in Fla. Stat. § 731.201(21). See Fla. Stat. § 733.604(1).

• Section 28.2221, Florida Statutes, provides that the Clerk may not place an image or copy of a court file, record, or paper relating to matters or cases governed by the Florida Probate Rules on a publicly available Internet website for general public display.

• The cause of death section of all death and fetal death records, and the paternity, marital status, and medical information of all fetal death records of this state, are confidential and are not open to public inspection. Death certificates may be recorded with the specified sections deleted. See Fla. Stat. §§ 28.222(3)(g) & 382.008(6).

Protective Services Records

The records of those subject to Adult Protective Services are confidential. See Fla. Stat. § 415.107.

Sealed and Expunged Cases

• Criminal cases expunged pursuant to Fla. Stat. § 943.0585 and Rule 3.692, Florida Rules of Criminal Procedure, are treated as though they do not exist.

• Criminal cases sealed pursuant to Fla. Stat. § 943.059 and Rule 3.692, Florida Rules of Criminal Procedures, are exempt from public access except for case number.

• Civil cases sealed pursuant to Rule 2.420, Florida Rules of Judicial Administration, are exempt from public access except for case name and number.

Security Records

• Security system plans or portions for property owned or lease by the state, or any privately owned or leased property, which plans are held by an agency, are confidential and exempt. See Fla. Stat. § 119.071(3)(a).

• Building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a building, arena, stadium, water treatment facility, or other structure owned or operated by an agency are exempt. See Fla. Stat. § 119.071(3)(b).

• Building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout or structural elements of an attractions and recreation facility, entertainment or resort complex, industrial complex, retail and service development, office development, or hotel or motel development are exempt. See Fla. Stat. § 119.071(3)(c)

Social Security Numbers

Pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Title 42, United States Code, parties are required to provide social security numbers under the following statutory sections. Disclosure of social security numbers is limited to the purpose of administration of the Title IV-D program for child support enforcement.

• Fla. Stat. § 61.052(8) (dissolution of marriage)

• Fla. Stat. § 61.13(9)(b) (child custody and support)

• Fla. Stat. § 61.1827 (child support services)

• Fla. Stat. § 409.2579(1) (social and economic assistance)

• Fla. Stat. § 456.013(12) (health professions and occupations)

• Fla. Stat. § 741.04(1) (marriage license)

• Fla. Stat. § 742.031(3) (determination of parentage)

• Fla. Stat. § 742.032(3) (determination of parentage)

• Fla. Stat. § 742.10(2) (determination of parentage)

In 2002, the Florida Legislature enacted Fla. Stat. § 119.0721, entitled “Social Security Number Exemption”. This statute provided that:

• Social security numbers held by an agency are confidential and exempt.

• After 10/01/02, documents to be recorded in the official records should not contain social security numbers, but if they do, the numbers may be made available as part of the official record for public inspection.

• Anyone may request to have a social security number removed from a document, digital image or copy of an official record made available for public inspection. The request must be in writing, signed by the requestor, and must specify the page numbers from which the number is to be redacted. Click here to complete a form to make this request

In 2005, the Florida legislature acknowledged the purpose of social security numbers and that the numbers had been used as a means to perpetuate fraud in specifying that agencies shall not collect the number unless permitted by law or unless imperative for the performance of the agency’s duties. The legislature required agencies to segregate the number from the rest of the record so it could be easily redacted upon a public records request. The legislature also required the agency to provide, upon a person’s request at the time the number is collected, a statement as to how the number will be used by the agency. See Fla. Stat. § 119.071(5).

In 2006, the Florida legislature mandated that, until January 1, 2008, social security numbers that are exempt but included in court files may be included as part of the record made available for public viewing, unless redaction is requested by the holder of the number in a signed, legibly written request that specific the case number, case name, document heading, and page number. After January 1, 2008, the clerk must keep this information confidential and exempt without anyone having to request redaction. See Fla. Stat. § 119.071(5).

In 2010, the Florida legislature extended the January 1, 2011 deadline until January 1, 2012. See Fla. Stat. § 119.0714(2).

Termination of Parental Rights (TPR) Records

Pursuant to Fla. Stat. § 39.814(3) & (6)(a), the clerk must keep these records separate from other court records. These records are not open to inspection by the public, and may be inspected only upon order of the court by persons deemed by the court to have a proper interest, except that custodians of the child and their attorneys, law enforcement agencies, and the department will always have the right to inspect and copy any official record pertaining to the child. The court may also 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 and disposition the court may deem proper, and may punish by contempt proceedings any violation of those conditions.

Victim & Witness Information

• All court records, including testimony from witnesses, that reveal the photograph, name, or address of the victim of an alleged offense in chapter 794 or 800, or act of child abuse, aggravated child abuse, or sexual performance on a child as described in chapter 827, are confidential. A willful violation of this law constitutes contempt. See Fla. Stat. § 92.56.

• Any criminal intelligence information or criminal investigative information, including the photograph, name, address, or other fact or information that reveals the identity of the victim of the crime of sexual battery as defined in chapter 794; the identity of the victim of a lewd or lascivious offense committed upon or in the presence of a person less than 16 years of age, as defined in chapter 800; or the identity of the victim of the crime of child abuse as defined by chapter 827, and any criminal intelligence information or criminal investigative information or other criminal record, including those portions of court records and court proceedings, that may reveal the identity of a person who is a victim of any sexual offense, including a sexual offense proscribed in chapter 794, chapter 800, or chapter 827, is confidential. See Fla. Stat. § 119.071(2)(h).

• Any criminal intelligence information or criminal investigative information that reveals the personal assets of the victim of a crime, other than property stolen or destroyed during the commission of the crime, is confidential. See Fla. Stat. § 119.071(2)(i).

• Any document that reveals the identity, home or employment telephone number, home or employment address, or personal assets of the victim of a crime, and identifies that person as the victim of a crime, which document is received by any agency that regularly receives information from or concerning the victims of crime, is confidential. In addition, any information not otherwise held confidential that reveals the home or employment telephone number, home or employment address, or personal assets of a person who has been the victim of sexual battery, aggravated child abuse, aggravated stalking, harassment, aggravated battery, or domestic violence, is confidential, upon written request by the victim, which must include official verification that an applicable crime has occurred. Such information shall cease to be exempt 5 years after the receipt of the written request. Any state or federal agency that is authorized to have access to such documents by any provision of law shall be granted such access in the furtherance of such agency's statutory duties. See Fla. Stat. § 119.071(2)(j).

• Any information in a videotaped statement of a minor who is alleged to be or who is a victim of sexual battery, lewd acts, or other sexual misconduct proscribed in chapter 800 or in sections 794.011, 827.071, 847.012, 847.0125, 847.013, 847.0133, or 847.0145 that reveals that minor's identity, including, but not limited to, the minor's face; the minor's home, school, church, or employment telephone number; the minor's home, school, church, or employment address; the name of the minor's school, church, or place of employment; or the personal assets of the minor; and that identifies the minor as the victim of a crime, held by a law enforcement agency is confidential and exempt. Any governmental agency that is authorized to have access to such statements by any provision of law shall be granted such access. See Fla. Stat. § 119.071(2)(j).

• The addresses, corresponding telephone numbers, and social security numbers of program participants in the Address Confidentiality Program for Victims of Domestic Violence are confidential, except the information may be disclosed to a law enforcement agency for purposes of assisting in the execution of a valid arrest warrant; if directed by a court order, to a person identified in the order; or if the certification has been canceled. See Fla. Stat. § 741.465.

• A public employee or officer who has access to the photograph, name, or address of a person who is alleged to be the victim of an offense described in chapters 794 and 800, and sections 827.03, 827.04, and 827.071 may not willfully and knowingly disclose it to a person who is not assisting in the investigation or prosecution of the alleged offense or to any person other than the defendant, the defendant's attorney, or a person specified in an order entered by the court having jurisdiction of the alleged offense, or to organizations authorized to receive such information. A violation constitutes a misdemeanor of the second degree. See Fla. Stat. § 794.024.

• Data required regarding hate crimes will be used only for research or statistical purposes and will not include any information that may reveal the identity of an individual victim of a crime. See Fla. Stat. § 877.19(3).

• Information held by any state or local law enforcement agency, state attorney, statewide prosecutor, Victim & Witness Protection Review Committee, or FDLE, that discloses: (1) the identity of location of a victim or witness that has been identified/certified for protective or relocation services; (2) the identity or location of an immediate family member of a victim or witness who has been identified/certified for protective or relocation services; (3) relocation sites, techniques, or procedures used or developed by victim and witness protective services; and (4) the identity and relocation site of any victim, witness, or immediate family member of a victim or witness who has made a relocation of permanent residence by reason of the victim’s or witness’s involvement in the investigation or prosecution giving rise to certification for protective or relocation services is confidential and exempt. See Fla. Stat. § 914.27.

Voting Records

Voting records, including social security numbers, driver license numbers, Florida identification numbers, and voting signatures, are exempt from public records. See Fla. Stat. §§ 97.0585 & 741.465.