92.56 Judicial proceedings and court records involving sexual offenses and human trafficking.—
(1)(a) The confidential and exempt status of criminal intelligence information or criminal investigative information made confidential and exempt pursuant to s. 119.071(2)(h) must be maintained in court records pursuant to s. 119.0714(1)(h) and in court proceedings, including testimony from witnesses.
(b) If a petition for access to such confidential and exempt records is filed with the trial court having jurisdiction over the alleged offense, the confidential and exempt status of such information shall be maintained by the court if the state or the victim demonstrates that:
1. The identity of the victim is not already known in the community;
2. The victim has not voluntarily called public attention to the offense;
3. The identity of the victim has not otherwise become a reasonable subject of public concern;
4. The disclosure of the victim’s identity would be offensive to a reasonable person; and
5. The disclosure of the victim’s identity would:
a. Endanger the victim because the assailant has not been apprehended and is not otherwise known to the victim;
b. Endanger the victim because of the likelihood of retaliation, harassment, or intimidation;
c. Cause severe emotional or mental harm to the victim;
d. Make the victim unwilling to testify as a witness; or
e. Be inappropriate for other good cause shown.
(2) A defendant charged with a crime described in s. 787.06(3)(a)1., (c)1., or (e)1., s. 787.06(3)(b), (d), (f), or (g), chapter 794, or chapter 800, or with child abuse, aggravated child abuse, or sexual performance by a child as described in chapter 827, may apply to the trial court for an order of disclosure of information in court records held confidential and exempt pursuant to s. 119.0714(1)(h) or maintained as confidential and exempt pursuant to court order under this section. Such identifying information concerning the victim may be released to the defendant or his or her attorney in order to prepare the defense. The confidential and exempt status of this information may not be construed to prevent the disclosure of the victim’s identity to the defendant; however, the defendant may not disclose the victim’s identity to any person other than the defendant’s attorney or any other person directly involved in the preparation of the defense. A willful and knowing disclosure of the identity of the victim to any other person by the defendant constitutes contempt.
(3) The state may use a pseudonym instead of the victim’s name to designate the victim of a crime described in s. 787.06(3)(a)1., (c)1., or (e)1., in s. 787.06(3)(b), (d), (f), or (g), or in chapter 794 or chapter 800, or of child abuse, aggravated child abuse, or sexual performance by a child as described in chapter 827, or any crime involving the production, possession, or promotion of child pornography as described in chapter 847, in all court records and records of court proceedings, both civil and criminal.
(4) The protection of this section may be waived by the victim of the alleged offense in a writing filed with the court, in which the victim consents to the use or release of identifying information during court proceedings and in the records of court proceedings.
(5) This section does not prohibit the publication or broadcast of the substance of trial testimony in a prosecution for an offense described in s. 787.06(3)(a)1., (c)1., or (e)1., s. 787.06(3)(b), (d), (f), or (g), chapter 794, or chapter 800, or a crime of child abuse, aggravated child abuse, or sexual performance by a child, as described in chapter 827, but the publication or broadcast may not include an identifying photograph, an identifiable voice, or the name or address of the victim, unless the victim has consented in writing to the publication and filed such consent with the court or unless the court has declared such records not confidential and exempt as provided for in subsection (1).
(6) A willful and knowing violation of this section or a willful and knowing failure to obey any court order issued under this section constitutes contempt.
.... . .”). We note also that the
confidential identifying information of a person who has been the victim of an
offense prohibited by chapter 794 “may be released to the defendant or his or her
attorney in order to prepare the defense.” See § 92.56(2), Fla....
...defense at trial should not be provided to an indigent defendant as part of the
record he or she is entitled to once his or her counsel’s representation has
concluded. We note, however, that certain information, such as child pornography,
may not be provided to a defendant. See § 92.561(2), Fla....
...al crime presumed to be confidential and exempt from public access, or are they confidential and exempt from public access only as a result of a court order? In the materials accompanying your request, you have indicated an apparent conflict between section 92.56 , Florida Statutes, and section 794.024 , Florida Statutes, in their treatment of judicial records identifying victims of sexual crimes....
...24(a), Art. I of the State Constitution. " (e.s.) Thus, the plain language of the statute exempts from public disclosure those portions of court records and court proceedings which may reveal the identity of the victim of a sexual crime. In contrast, section 92.56 , Florida Statutes, in part, provides: "(1) All court records, including testimony from witnesses, that reveal the photograph, name, or address of the victim of an alleged offense described in chapter 794 or chapter 800, or act of child...
...confidential and exempt from section 24 (a), Article I , Florida Constitution, the defendant charged with the crime may apply to the trial court for an order of disclosure of the identifying information in order to prepare a defense. 3 Accordingly, section 92.56 , Florida Statutes, requires a court order based upon specific findings before the identity of a victim of a sexual crime is made confidential and exempt from the provisions of section 24 , Article I , of the Florida Constitution....
...n over the matter to control the dissemination of such information that may appear in court records or be divulged during court proceedings. I have found no reported decisions of an appellate court in this state that have addressed the provisions of section 92.56 , Florida Statutes. While the apparent inconsistent treatment of information identifying the victim of a sexual offense in section 92.56 , Florida Statutes, and other parts of Florida law may create confusion, the handling of such information as confidential in Chapter 119 , Florida Statutes, 8 and the consequences imposed in sections 794.024 and 794.026 , Florida Statut...
...ttery statute and the lewd, lascivious, or indecent assault or exposure statute, as well as victims of aggravated child abuse, child abuse, and sexual performance by a child. And see, State v. Globe Communications Corp., 648 So.2d 110 (Fla. 1994). 3 Section 92.56 (2), Fla....
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