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Florida Court Records & Case Lookup
More than 3 million cases are filed in courts across Florida every year. Civil matters make up a large portion of this number, with at least 2 million cases filed annually. Approximately 620,000 criminal cases, 250,000 family law-related cases, and 150,000 probate cases are also heard in Florida courts each year.
Florida court records are considered public information under Chapter 119 of the Florida Statutes (known as the Florida Public Records Law). Access to these court records is governed by this law, as well as other legal standards like the Florida Rules of Court Procedure. However, the state does not maintain a centralized repository for court records. Instead, each court maintains and manages its records through its court clerk; this court clerk is also responsible for providing interested members of the public with options for inspecting and obtaining copies of the records.
It should be noted that access to some Florida court records may be restricted due to privacy concerns. Common examples of these confidential records include adoption, juvenile delinquency, mental health, domestic violence, and human trafficking-related records. Sealed criminal records are also deemed confidential and may only be viewed by authorized parties.
State of Florida Court System
The Florida court system is a multi-tiered one, consisting of several courts with varying levels of jurisdiction. These include a Supreme Court, six intermediate appellate courts (the District Courts of Appeal), and over 80 trial courts. The trial courts are the starting point for most cases heard in the state – these courts admit evidence, hear witness testimonies, and may conduct jury trials to reach verdicts or judgments.
Florida's District Courts of Appeal and Supreme Court do not accept new evidence or testimony when reviewing cases. The District Courts of Appeal review the decisions of the trial courts to address significant errors (if any) and ensure that the trial court's ruling aligns with obtainable laws and doesn't infringe on the individual's rights and freedoms. Decisions reached by these courts can be further to the Supreme Court, which is Florida's highest court and has the final say on all matters involving state law. Note that cases where the death penalty was imposed are also appealed directly to the Supreme Court from the trial courts.
Florida Trial Courts
The Florida court system is structured to handle cases based on the types of disputes and the complexity of the legal issues involved. This system comprises two main types of trial courts - the Circuit Courts and the County Courts:
Circuit Courts in Florida
The Circuit Courts are Florida's general jurisdiction trial courts and typically handle matters outside the jurisdiction of the County Courts. These include felony cases, family law cases, civil matters involving more than $50,000, juvenile cases, and probate, guardianship, and mental health-related proceedings. The Circuit Courts also hear appeals on certain matters, such as administrative decisions reached by state agencies and decisions in noncriminal infraction cases heard in the County Courts.
Florida is geographically divided into 20 judicial circuits (comprising one or more counties), with a Circuit Court covering each circuit. The majority of jury trials in the state are typically heard in a Circuit Court.
County Courts in Florida
Florida's County Courts, commonly referred to as "the people's courts", are limited jurisdiction trial courts that handle less complex cases (compared to the Circuit Courts). There are currently 67 County Courts in Florida – one in each county. These courts mostly handle citizen disputes and less serious criminal matters, such as misdemeanors, traffic violations, civil disputes involving $50,000 or less, and small claims cases (not more than $8,000).
A majority of the trials heard in the County Courts do not involve a jury; however, the parties involved in the case may request one. Appeals from some decisions reached in these courts may be heard in the Circuit Courts before proceeding to a District Court of Appeal.
What are the Specialty Courts in Florida?
In 1989, Florida established the country's first recognized drug court (in Miami-Dade County) and kick-started the national problem-solving court movement. Today, the state has over 170 problem-solving courts spread across its counties. They include:
- Adult Drug Courts
- Veteran Courts
- Mental Health Courts
- Early Childhood Courts
- Juvenile Drug Courts
- DUI Courts
- Family Dependency Drug Courts
These problem-solving courts are specialized courts designed to address specific types of cases and provide alternatives to traditional court processes. Florida's problem-solving courts are made up of justice stakeholders like judges, case managers, attorneys, and treatment professionals and they utilize a non-adversarial approach involving intensive treatment programs and monitoring to reduce recidivism among participants.
Florida State Court Records vs. Federal Court Records
Being able to differentiate between state and federal courts is important when searching for court records in Florida. Florida state court records refer to records generated within the state's judicial system and generally involve cases tried under state law or county ordinances. These records are distinct from those generated by the federal courts located in Florida; these federal court records generally involve matters related to federal law, such as interstate disputes, constitutional issues, federal agency actions, and bankruptcy cases.
There are currently three federal courts (also called federal district courts) located in Florida. These are:
- The United States District Court for the Northern District of Florida
- The United States District Court for the Middle District of Florida
- The United States District Court for the Southern District of Florida
The federal judiciary offers centralized databases like PACER (Public Access to Court Electronic Records) that can be used to access federal court records. On the other hand, state court records are managed locally by court clerks and can be accessed by contacting these officials.
What Are Public and Non-Public Court Records in Florida?
Florida court records are generally considered public records under state law and can usually be inspected and copied by interested members of the public. However, certain court records are deemed confidential and may be restricted or have information contained in them redacted. Here is a breakdown of public and confidential/restricted court records in Florida:
Public Court Records | Non-Public Court Records/Redacted Information |
---|---|
Criminal case records | Juvenile records and sealed criminal records. Copies of arrest and search warrants, along with supporting affidavits, are also deemed confidential until the warrants are executed or law enforcement determines they cannot be executed |
Civil case records | Trade secrets, Social Security numbers, and other similar sensitive personal identification and financial account numbers |
Family law case records | Information involving minors, adoption records, and domestic violence/abuse victims' addresses |
Probate records | Mental health-related records |
Traffic case records | Driver's license numbers |
How To Seal or Expunge Florida Court Records
Florida law (specifically Sections 943.0585 to 943.0595 of the Florida Statutes and Rule 11C-7 of the Florida Administrative Code) provides the legal framework for sealing and expunging court records in the state. The process generally involves obtaining a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE) and then filing a petition with the court that has jurisdiction over the matter.
If the record is sealed, it becomes inaccessible to the general public but may be viewed by government agencies. However, unlike most states where expungement involves the complete destruction of the record, in Florida, this process restricts government agencies from accessing the record without a court order. It is important to note that some records are not eligible for sealing or expungement in the state. These typically include records involving serious offenses, such as:
- Murder
- Aggravated assault
- Human trafficking
- Child abuse
- Sexual misconduct
- Voyeurism
- Animal cruelty
- Unlawful possession or discharge of a firearm on school property
How To Seal Court Records in Florida
Records in Florida can be sealed through two processes – automatically or by court order:
- Automatic Sealing: the FDLE automatically seals criminal history records involving certain offenses (usually non-forcible felonies) if no charges were filed or the individual was not convicted. This process does not require any action from the individual and is initiated by the court submitting a qualifying certified disposition to the FDLE. There is no limit to how many times a person can have their record automatically sealed, so long as it meets the eligibility criteria. However, it should be noted that this process does not seal records held at the local level.
- Court-ordered Sealing: this is the primary method for sealing records in Florida. Individuals who wish to undertake this process must obtain a Certificate of Eligibility from the FDLE - application forms for this certificate can be generated online or by emailing the FDLE's Expunge Section and requesting one. Applicants will also have to submit fingerprints, pay a processing fee, and provide any additional documentation required by the department. Once the certificate is issued, the person can then file a petition with the court that handled the case and attach the issued certificate along with supporting documents.
The court will review these documents and may hold a hearing before reaching its decision. If the petition is granted, then the records are sealed, restricting them from public access (certain agencies may still retain access to the record). It is important to note that the decision on whether to seal a court record in Florida is at the sole discretion of the court of jurisdiction. Individuals are also entitled to only one court-ordered sealing in their lifetime.
How To Expunge Court Records in Florida
Similar to the record sealing process, getting a court record expunged in Florida generally involves obtaining a Certificate of Eligibility from the FDLE and then filing a petition with the proper court of jurisdiction. There are several pathways to do this, including:
- Court-Ordered Expungement: this is the main method for getting records expunged in Florida but may only be used once.
- Juvenile Diversion Expungement: this option is available for individuals who have completed a juvenile diversion program for a misdemeanor or non-forcible felony offense.
- Early Juvenile Expungement: this type of expungement is limited to offenders who are at least 18 years old but less than 21, and have not been charged with or found guilty of a criminal offense at least five years before applying for the expungement.
- Lawful Self-Defense Expungement: individuals involved in self-defense cases may use this option to get their records expunged if no charges were filed against them or if the charges were dismissed.
- Human Trafficking Expungement: victims of human trafficking can use this option to petition the court for the expungement of arrests and convictions for offenses committed as part of their victimization. This process is entirely judicial and does not require a Certificate of Eligibility.
- Automatic Juvenile Expungement: the FDLE automatically expunges criminal records of minors who meet certain conditions once they turn 21 or 26 (if they were committed to a juvenile correctional facility or juvenile prison).
- Administrative Expungement: this expungement is used for unlawful/wrongful arrests and is usually handled by the FDLE without the need for a petition to be filed in court.
The key difference between record sealing and expungement in Florida is that government agencies and other related entities that would normally have access to a sealed record no longer do so once the record is expunged. Instead, they would receive a notification that the record has been expunged and cannot be accessed without a court order, according to Florida Statutes Chapter 943.
How Do You Access State of Florida Court Records?
Florida court records are maintained locally by court clerks at the court that handled the case. Some courts offer online platforms for viewing records; however, it may be necessary to contact the court clerk to access physical copies of the record. The procedure for doing so may vary depending on the court but generally involves submitting a formal request and paying a search or copy fee.
Online Access To Florida Court Records
Florida court records can be accessed online through several options, such as the Florida Appellate Case Information System (ACIS), which allows interested members of the public to search court dockets and case documents for the Supreme Court and all six District Courts of Appeal.
Likewise, most Circuit and County Courts offer online platforms for searching for and viewing their records. These platforms can usually be accessed through the respective court/clerk of courts' websites. Note that the availability of trial court records online may vary by county, with some providing more comprehensive access than others.
In-Person Access to State of Florida Court Records
Members of the public looking to obtain copies of Florida court records in person may do so by contacting the clerk at the court where the case was filed. Note that each court typically only maintains its own records, so requesters will need to visit the specific court where the case was filed to access the relevant documents.
In-person record requests are often used for broader searches or to access court records unavailable online. Depending on the court, requesters may have to complete a written application form and provide a valid ID. Search and copy fees may also be required to obtain the record; these fees vary by location and are generally determined by the number of copies requested and the difficulty of finding the record in question.
How To Request Judicial Administrative Records
Interested parties who wish to obtain copies of judicial administrative records in Florida may do so by submitting a written request to the record custodian (usually the court clerk) at the court or judicial branch office where the records in question are held. Some courts provide email and/or mail-in options for submitting these requests. Requesters are advised to include enough information to identify the required records.
Be aware that certain judicial administrative records are exempt from public disclosure, such as:
- Personnel files
- Records of complaints alleging misconduct against a judge (these records are restricted until probable cause is found, after which they may be accessed publicly)
- Court security protocols and emergency plans
How To Access Older and Archived Court Records in Florida
Older or archived Florida court records can typically be accessed at the courthouse where the case was originally filed. Individuals who wish to obtain copies of these records are generally expected to submit a written request to the court clerk. It is advisable to contact the clerk beforehand to inquire about the availability of the records and retrieval procedures, as some of these records may be stored at off-site locations.
The State Archives of Florida also maintains copies of older/archived Florida court records and provides interested members of the public with access (both online and offline) to these records. However, the availability of records held by this agency may vary by county and the specific type of court record.