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IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA ___________________________ DIVISION CASE NO.:_________________________

 

 

 

 

IN RE: THE MARRIAGE OF PETITIONER / HUSBAND

vs.

RESPONDENT / WIFE

_______________________________/

 

ORDER PARTIALLY GRANTING MOTION TO SEAL PURSUANT TO
FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.420

THIS MATTER is before the Court on the joint motion of Petitioner/Husband and Respondent/Wife, pursuant of Florida Rule of Judicial Administration 2.420 for an order sealing the entire court file and progress docket.

Having considered the arguments of the parties, legal authority, and otherwise being fully advised, the Court GRANTS the motion as follows:

1. Confidentiality of the information sought to be sealed is required to protect the following interest(s):

a. A compelling government interest, specifically, in that the Respondent is an Assistant United States Attorney in the Southern District of Florida, Narcotics Division. As such, pursuant to Section 119.071(4)©3, Florida Statutes, the State legislature has specifically exempted from public disclosure the home addresses, telephone numbers, social security numbers, and photographs of current or former United States Attorneys and assistant United States attorney; the home addresses, telephone numbers, social security numbers, photographs, and places of employment of their spouses and children; and the names and locations of the schools and day cares facilities attended by their children. This exempted information is contained throughout the court file.

b. Avoiding substantial injury to innocent third parties, specifically the children of the parties in that the Respondent has been recently threatened by a defendant in a case in which she is involved. Based on this incident, the United States Marshal’s Office has assessed the threat as serious and in conjunction with the United Sates Attorney’s Office, has taken measures to secure the Respondent and her family from danger. One such measure, as advised by the United States Marshal’s Office, was to have the Respondent to move her name from all public records and data banks, including real estate tax rolls, civil cases, etc.

2. The Court further finds that no less restrictive measure is available to protect this/these interest(s), and that the degree, duration and manner of confidentiality ordered herein are no broader than necessary to protect the interest(s).

Wherefore, it is hereby ORDERED that:

The Clerk of the Circuit Court is hereby directed to seal and/or redact immediately the following materials related to this matter and to keep such materials from public access:

1. The party’s name on the progress docket. On the public progress docket, the Clerk of the Circuit Court shall substitute the following for the parties’ names: Petitioner and Respondent, respectively. Further, the Clerk shall ensure that the parties’ names and the names of their children, their home addresses, social security number, places of employment of the parties, and the names and locations of schools and/or day care facilities attended by the children of the parties are redacted from all public materials in the file and that the final judgment is recorded in a manner that does not reveal the identity of the parties. However, the progress docket and the file shall otherwise remain available to the public, subject to any substitution of the parties’ names and redactions as set forth

2. Any photographs or other documents which identify the parties and/or their children.

It is further ORDERED that any material sealed pursuant to this Order shall be conditionally disclosed upon the entry of a further order by this Court finding that such opening is necessary for purposes of judicial or governmental accountability or First Amendment rights.

It is further ORDERED that any materials sealed pursuant to this Order may otherwise be disclosed only as follows:

1. to any judge of this Circuit for case-related reasons;

2. to the Chief Judge or his or her designee;

3. to adult parties or their attorneys of record; or

4. by further order of the Court.

It is further ORDERED that the Clerk is hereby directed to post a copy of the attached Noticed of Entry of Order Authorizing Sealing and/or Redaction on the Clerk’s and Court’s websites for a period of fifteen (15) days and to affix a copy of the Order on the outside of the court record.

It is further ORDERED that the Clerk is hereby authorized to unseal any materials sealed pursuant to this Order for the purpose of filing, microfilming or imaging files, or transmitting a record to an appellate tribunal. The materials shall be resealed immediately upon completion of the filing.

DONE AND ORDERED in Chambers, at Miami-Dade County, Florida this ________ day of ______________________, 20___.

Copies furnished to: The parties

_______________________________ CIRCUIT COURT JUDGE