Understanding Civil Court Records in Florida
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Civil court records in Florida are maintained by the judiciary and include the official documentation of non-criminal cases relating to disputes between individuals, private businesses, or public entities. These cases seek to establish liabilities or recover damages.
In Florida, the Clerk of the Circuit Court & Comptroller assumes custody of all civil case documents and ensures that records are accessible to the public, as permitted by Florida Rules of General Practice and Judicial Administration, Rule 2.420.
Civil Court Records Statistics Reported by Florida Courts
In Florida, civil court statistics are used to track the courts' workload and effectiveness, as well as to ensure that judicial resources are allocated effectively. Statistical reports rely on judicial data collected over a 12-month period, starting from July 1st and concluding on June 30th of the subsequent year. Florida court statistics are published on the judiciary's website.
The statistical report for FY 2023/2024 presented a comprehensive overview of all civil court cases filed within the state. The state's circuit courts recorded 147,202 civil filings and 204,256 dispositions. These numbers do not include family and probate filings/dispositions, which were recorded separately as follows:
- Probate: 146,763 filings, and 241,849 dispositions
- Family law: 241,880 filings, and 146,177 dispositions
On the other hand, the Florida county courts reported 2,398,323 filings and 2,529,997 dispositions during the 2023/2024 fiscal year.
Notably, Miami-Dade County had the highest number of circuit court and county court filings in FY 2023/2024, at 71,663 and 950,087, respectively.
How Civil Records Differ from Criminal Records in Florida
In Florida, civil court records detail noncriminal lawsuits between individuals or entities. Conversely, criminal court cases document crimes prosecuted by the state and include charges, hearing schedules, verdicts, and sentences.
|
Category |
Civil Court Records |
Criminal Court Records |
|---|---|---|
|
Type of litigation |
Non-criminal claims over injuries, property, constitutional rights, etc. |
Crimes that violate state statutes and harm society, i.e., felonies and misdemeanors |
|
Case Title |
Petitioner v. Respondent |
The State of Florida v. Defendant |
|
Trial Court Authority |
County and Circuit Courts. The DCA serves as the appellate court for circuit court cases. |
Circuit and County Courts, District Court of Appeal (DCA), and the Florida Supreme Court. |
|
Possible Outcome |
Monetary compensation for damages or incurred liabilities, injunctions, custody orders, specific performance |
Death penalty, life imprisonment, fines, jail sentences, probation, potential loss of civil rights, community control |
|
Public Accessibility |
Widely accessible but exempts private data (SSN, bank details), domestic violence claims, and juvenile cases |
Open with strict confidentiality rules that regulate access to sensitive or sealed information, such as the identities of sexual assault victims and juvenile delinquents. |
|
Case Types |
Personal injury, breach of contract, property disagreements |
Kidnapping, rape, murder, child abuse |
Structure of the Civil Court System in Florida
The Florida judicial branch, as established by Article V of the Florida Constitution, operates a structure in which all its judicial powers are shared among the Supreme Court, the District Courts of Appeal (DCA), the Circuit Court, and the County Court. All civil cases are initiated and prosecuted in the state's trial courts, which comprise both county and circuit courts.
Geographically, the state of Florida has 20 judicial circuits, each with a circuit court. Additionally, each county has a county court, which falls under the jurisdiction of the corresponding judicial circuit. This court system ensures civil disputes are handled according to judicial resources/specialization, monetary value, and complexity.
|
Court |
Type of Civil Case |
|---|---|
|
Florida County Court (Limited jurisdiction) |
Handles most landlord/tenant disputes, small claims under $8,000, and civil cases not exceeding $50,000. |
|
Florida Circuit Court (General jurisdiction) |
All matters of equity (issuing injunctions regardless of the monetary value), civil actions involving boundaries and property titles, civil lawsuits exceeding $50,000, and specialized cases (such as guardianship, probate, and family cases). |
Public Access to Civil Court Documents in Florida
Civil court documents are public under the Florida Rules of General Practice and Judicial Administration, Rule 2.420, except where deemed exempt. This rule dictates the circumstances under which civil records may be redacted, sealed, or restricted from public access. Confidential or sensitive information/documents include
- Social Security number (SSN)
- Bank account details
- Medical reports
- Names and addresses of victims in domestic violence cases
- Adoption files
- Sealed records
How to Lookup Florida Civil Court Records
Florida civil court records are managed at the county level by the Clerk of the Circuit Court & Comptroller offices and may be accessed as follows:
Online Case Management Systems
Court clerks in Florida maintain independent online case search systems, as there is no central portal for unified access. An example is the online portal on the Brevard County Circuit Clerk's website. Online case management systems allow access to civil court cases using basic search criteria like a case number, party name, or filing date. Viewing is typically free for non-confidential court cases; however, certain access restrictions exist on specific case types and image documents.
Clerks of Court Offices
Individuals can request inspection or copies of civil court documents at the clerk's office in the county where the lawsuit originated.
Courthouse Computers
Civil cases may be accessible via public terminals located in Florida courthouses. These terminals permit users to view a wide range of civil case information and document images, including those that may have been restricted from remote viewing. While case searches can be conducted via these terminals at no cost, certified copy requests or staff assistance to retrieve records require payment of stipulated fees.
Types of Civil Cases Filed in Florida Courts
Common types of civil cases filed in the Florida state courts include
- Small claims: Product liability, minor contracts, or property damage with values equivalent to or less than $8,000.
- Landlord-tenant disputes: Includes eviction and debt collection cases, which are often initiated in the county court.
- Real property claims: Disputes pertaining to mortgage foreclosures and real property titles. These are handled in the circuit court.
- Probates and Estates: Involuntary hospitalization, guardianships, estate administration. These are litigated by the probate division of the circuit court.
- Torts: Includes medical malpractice, personal injury, and wrongful death cases. These are handled by the circuit court where claims exceed $50,000; all other cases are filed in the county court.
- Contract: Contract disputes (e.g., breach of contract) with monetary awards exceeding $50,000 are within the jurisdiction of the circuit court; all other cases are filed in the county court.
- Family law: Covers marriage dissolution, child support, custody, and other family cases. These are handled by the circuit court's family division.
Information Captured in Florida Civil Court Files
In Florida, civil court files contain the records of all civil actions filed in the state. These case files are created and maintained by the circuit court clerk. Examples of documents in these civil court files include
- Complaints, petitions, and counterclaims
- Motions
- Hearing schedules
- Trial transcripts
- Evidence(s) and exhibits
- Decrees, orders, and judgments
- Case dockets
- Appeal notices
Under Florida Rule 2.420, sensitive/confidential information, such as a case participant's health history or SSN, is restricted from general access.
Retention and Archiving of Civil Court Records in Florida
The retention and disposition of Florida civil court records are governed by the General Records Schedule GS11 for Clerks of Court and the Florida Rule of General Practice Judicial Administration 2.430. These schedules regulate how long these records are preserved before being destroyed or transferred to an archives division. The retention timeframes for civil case records in Florida trial courts include:
- Real property records: Permanent
- Small claims and medical mediation proceedings: 2 years
- Adoption and child custody records: 75 years
- Mental health proceedings, guardianships, and probate: 10 years
- Divorce proceedings: 10 years from last case activity.
- Exhibits: 90 days after final disposition.
- Juvenile proceedings: 5 years after the last activity or when the child ceases to be a minor, whichever is later
- Other civil court records: 5 years
These retention schedules apply to civil court records, regardless of format (whether paper files or digitized documents). Court documents may be disposed of or destroyed when the statutory retention periods have run. Where disposal occurred by archival transfer, records may be transferred to county storage courthouses or the Florida State Archives. The destruction of court records is regulated internally by each division; however, where disparities exist, the general record schedules take precedence.
Individuals seeking archived records can submit requests to the Florida State Archives or individual offices of the clerk of courts.
References and Official Resources