RETENTION OF COURT RECORDS

(a) Definitions. The following definitions apply to this rule:

(1) “Court records” mean the contents of the court file, including the progress docket and other similar records generated to document activity in a case, transcripts filed with the clerk, documentary exhibits in the custody of the clerk, and electronic records, video tapes, or stenographic tapes of depositions or other proceedings filed with the clerk, and electronic records, videotapes or stenographic tapes of court proceedings.

(2) “After a judgment has become final” means:

(A) when a final order, final judgment, final docket entry, final dismissal, or nolle prosequi has been entered as to all parties, no appeal has been taken, and the time for appeal has expired; or

(B) when a final order, final judgment, or final docket entry has been entered, an appeal has been taken, the appeal has been disposed of, and the time for any further appellate proceedings has expired.

(3) “Electronic court records” means records that have been placed on an electronic record keeping system in accordance with standards adopted by the Supreme Court of Florida.

(b) Electronic Records.

(1) After court records have been converted into electronic documents as provided in these rules, the clerk may destroy or otherwise dispose of them any time after a judgment has become final, except exhibits or any record required to be kept in another form by any other rule. The clerk must maintain the recorded electronic court records under the retention schedule in subdivision (c) below.

(2) The clerk may destroy, retain, or dispose of any physical media submitted to the clerk for the purpose of filing information contained in the media after the contents of the media have been made a part of the court records. The clerk must maintain the court records under the retention schedule in subdivision (c) below.

(c) Records Retention Schedule. Court records, except exhibits, may be destroyed or disposed of in accordance with the following schedule after a judgment has become final. The time periods do not apply to any action in which the court orders the court records to be kept until the court orders otherwise. When an order is entered to that effect, the progress docket and the court file must be marked by the clerk with a legend showing that the court records are not to be destroyed or disposed of without a further order of court. Any person may apply for an order suspending or prohibiting destruction or disposition of court records in any proceeding. The retention schedule is as follows.

(1) Trial Courts.

(A) 60 days after required audits are complete — parking tickets and noncriminal traffic infractions.

(B) 2 years —small claims and medical mediation proceedings.

(C) 5 years — noncriminal ordinance violations, civil litigation proceedings in county court other than those under the Small Claims Rules, and civil proceedings in circuit court except marriage dissolutions and adoptions.

(D) 10 years — probate, guardianship, and mental health proceedings.

(E) 10 years — felony and misdemeanor cases in which no information or indictment was filed or in which all charges were dismissed, or in which the state announced a nolle prosequi, or in which the defendant was adjudicated not guilty.

(F) 75 years — juvenile proceedings containing an order permanently depriving a parent of custody of a child, and adoptions, and all felony and misdemeanor cases not previously destroyed.

(G) 5 years after the last entry or until the child reaches the age of majority, whichever is later — juvenile proceedings except as listed elsewhere in this subdivision.

(H) 10 years from the last record activity — marriage dissolutions, except that the court may authorize destruction of court records not involving alimony, support, or custody of children 5 years from the last record activity.

(2) District Courts of Appeal.

(A) 2 years — noncriminal court records.

(B) 5 years — criminal court records.

(3) Florida Supreme Court.

(A) 5 years — all cases disposed of by order not otherwise provided for in this rule.

(B) 10 years — cases disposed of by order involving individuals licensed or regulated by the court and noncriminal court records involving the unauthorized practice of law.

(d) Records to Be Retained Permanently. The following court records are permanently recorded or permanently retained:

(1) progress dockets, and other similar records generated to document activity in a case; and

(2) supreme court records in which the case was disposed of by opinion.

(e) Court Reporters’ Notes. Court reporters or persons acting as court reporters for judicial or discovery proceedings must retain the original notes or electronic records of the proceedings or depositions until the times specified below.

(1) 2 years from the date of preparing the transcript — judicial proceedings, arbitration hearings, and discovery proceedings when an original transcript has been prepared.

(2) 10 years — judicial proceedings in felony cases when a transcript has not been prepared.

(3) 5 years — all other judicial proceedings, arbitration hearings, and discovery proceedings when a transcript has not been prepared. When an agreement has been made between the reporter and any other person and the person has paid the reasonable charges for storage and retention of the notes, the notes or records must be kept for any longer time agreed on. All reporters’ notes must be retained in a secure place in Florida.

(f) Exhibits.

(1) Exhibits in criminal proceedings are disposed of as provided by law.

(2) All other exhibits are retained by the clerk until 90 days after a judgment has become final. If an exhibit is not withdrawn under subdivision (i) within 90 days, the clerk may destroy or dispose of the exhibits after giving the parties or their attorneys of record 30 days’ notice of the clerk’s intention to do so. Exhibits are delivered to any party or attorney of record calling for them during the 30-day time period.

(g) Disposition Other Than Destruction. Before destruction or disposition of court records under this rule, any person may apply to the court for an order requiring the clerk to deliver to the applicant the court records that are to be destroyed or disposed of. All parties must be given notice of the application. The court disposes of that court record as appropriate.

(h) Release of Court Records. This rule does not limit the power of the court to release exhibits or other parts of court records that are the property of the person or party initially placing the items in the court records. The court may require copies to be substituted as a condition to releasing the court records under this subdivision.

(i) Right to Expunge Records. Nothing in this rule affects the power of the court to order records expunged.

(j) Sealed Records. No record which has been sealed from public examination by order of court may be destroyed without hearing after notice as the court requires.

(k) Destruction of Jury Notes. At the conclusion of the trial and promptly following discharge of the jury, the court collects and immediately destroy all juror notes.