Florida: bills grant liability exemption for clerks of court that release confidential information if filer fails to make it clear info is confidential

What happens when a document is filed with the court that contains confidential information, but the filer does not indicate it? And then the clerk of court releases that information?

Under Florida HB 441 / SB 202 the clerk would not be liable for the release.

Specifically, the bills as amended provide

The clerk of the court is not liable for the release of information that is required by the Florida Rules of Judicial Administration to be identified by the filer as confidential if the filer fails to make the required identification of the confidential information to the clerk of the court.

The bills, as originally filed, included the word “inadvertent” (“The clerk of the court is not liable for the inadvertent release…”)

HB 441 as amended is now pending in the Civil Justice and Claims Subcommittee having been initially approved 15-0 by that group. SB 202 has cleared the Senate Judiciary and Governmental Oversight and Accountability Committees and is now in the Senate Rules Committee.

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