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Amendments to the Rules of Judicial Administration

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Amendments to the Rules of Judicial Administration

The Florida Bar’s Rules of Judicial Administration Committee (Committee) has filed an out-of-cycle report proposing amendments to Rule of Judicial Administration 2.425(b)(8) (Minimization of the Filing of Sensitive Information; Exceptions in Traffic and Criminal Proceedings). The Court invites all interested persons to comment on the proposed amendments, which are reproduced in full below, as well as online at http://www.floridasupremecourt.org/decisions/proposed.shtml. All comments must be filed with the Court on or before August 17, 2015, with a certificate of service verifying that a copy has been served on the Committee Chair, Murray B. Silverstein, 625 E. Twiggs Street, Suite 100, Tampa, Florida 32602-3925, [email protected], and on the Bar Staff Liaison to the Committee, Krys Godwin, 651 E. Jefferson Street, Tallahassee, Florida 32399-2300, [email protected], as well as a separate request for oral argument if the person filing the comment wishes to participate in oral, which may be scheduled in this case. The Committee Chair has until September 8, 2015, to file a response to any comments filed with the Court. If filed by an attorney in good standing with The Florida Bar, the comment must be electronically filed via the Florida Courts E-Filing Portal in accordance with In re Electronic Filing in the Supreme Court of Florida via the Florida Courts E-Filing Portal, Fla. Admin. Order No. AOSC13-7 (Feb. 18, 2013). If filed by a nonlawyer or a lawyer not licensed to practice in Florida, the comment must be electronically filed via e-mail in accordance with In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004). Electronically filed documents must be submitted in Microsoft Word 97 or higher. Any person unable to submit a comment electronically must mail or hand-deliver the originally signed comment to the Florida Supreme Court, Office of the Clerk, 500 South Duval Street, Tallahassee, Florida 32399-1927; no additional copies are required or will be accepted.

IN THE SUPREME COURT OF FLORIDA

IN RE: AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.425, CASE NO. SC15-912

RULE 2.425. MINIMIZATION OF THE FILING OF SENSITIVE INFORMATION

< p>(a) Limitation for Court Filings. Unless authorized by subdivision (b), statute, another rule of court, or the court orders otherwise, designated sensitive information filed with the court must be limited to the following format:

< p>(1) The initials of a person known to be a minor;

< p>(2) The year of birth of a person’s birth date;

< p>(3) No portion of any

< p>(A) social security number,

< p>(B) bank account number,

< p>(C) credit card account number,

< p>(D) charge account number, or

< p>(E) debit account number;

< p>(4) The last four digits of any

< p>(A) taxpayer identification number (TIN),

< p>(B) employee identification number,

< p>(C) driver’s license number,

< p>(D) passport number,

< p>(E) telephone number,

< p>(F) financial account number, except as set forth in subdivision (a)(3),

< p>(G) brokerage account number,

< p>(H) insurance policy account number,

< p>(I) loan account number,

< p>(J) customer account number, or

< p>(K) patient or health care number;

< p>(5) A truncated version of any

< p>(A) email address,

< p>(B) computer user name,

< p>(C) password, or

< p>(D) personal identification number (PIN); and

< p>(6) A truncated version of any other sensitive information as provided by court order.

< p>(b) Exceptions. Subdivision (a) does not apply to the following:

< p>(1) – (7) [No Change]

< p>(8) In traffic and criminal proceedings

< p>(A) – (G) [No Change]

< p>(H) information needed to contact witnesses who will support the defendant’s claim of newly discovered evidence under Florida Rule of Criminal Procedure 3.851;

< p>(I) information needed to complete a sentencing scoresheet;

< p>(9) – (10) [No Change]

< p>(c) – (e) [No Change]

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