Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 794.03 | Lawyer Caselaw & Research
F.S. 794.03 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 794.03

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 794
SEXUAL BATTERY
View Entire Chapter
F.S. 794.03
794.03 Unlawful to publish or broadcast information identifying sexual offense victim.No person shall print, publish, or broadcast, or cause or allow to be printed, published, or broadcast, in any instrument of mass communication the name, address, or other identifying fact or information of the victim of any sexual offense within this chapter, except as provided in s. 119.071(2)(h) or unless the court determines that such information is no longer confidential and exempt pursuant to s. 92.56. An offense under this section shall constitute a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.s. 1, ch. 6226, 1911; RGS 5053; CGL 7155; s. 2, ch. 74-121; s. 16, ch. 75-298; s. 180, ch. 91-224; s. 1, ch. 94-88; s. 430, ch. 96-406; s. 6, ch. 2008-234.

F.S. 794.03 on Google Scholar

F.S. 794.03 on Casetext

Amendments to 794.03


Arrestable Offenses / Crimes under Fla. Stat. 794.03
Level: Degree
Misdemeanor/Felony: First/Second/Third

S794.03 - INVADE PRIVACY - PUBLISH BROADCAST INFO ID SEXUAL OFFENSE VICT - M: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

STATE v. F. GREEN,, 256 So. 3d 957 (Fla. App. Ct. 2018)

. . . Green had violated section 794.03, Florida Statutes, by publishing the name of the victim of a sexual . . .

CENTRO DE LA COMUNIDAD HISPANA DE LOCUST VALLEY, v. TOWN OF OYSTER BAY,, 868 F.3d 104 (2d Cir. 2017)

. . . , 491 U.S. 524, 540, 109 S.Ct. 2603, 105 L.Ed.2d 443 (1989) (“[T]he facial un-derinclusiveness of § 794.03 . . .

PUBLIUS v. F. BOYER- VINE,, 237 F. Supp. 3d 997 (E.D. Cal. 2017)

. . . Florida Star involved a challenge to a Florida statute (“§ 794.03”) that made “it unlawful to ‘print, . . . The victim successfully sued The Florida Star under § 794.03 for publishing her name. . . . For these reasons, the Court held that The Florida Star could not be held liable under § 794.03 because . . .

PALM BEACH NEWSPAPERS, LLC, d b a v. STATE, 183 So. 3d 480 (Fla. Dist. Ct. App. 2016)

. . . sexual assault in a complaint report, and the name was reported by a newspaper in violation of section 794.03 . . .

DEPARTMENT OF TEXAS, VETERANS OF FOREIGN WARS OF UNITED STATES AMVETS AMVETS AMVETS No. No. No. No. No. No. v. TEXAS LOTTERY COMMISSION K. J., 760 F.3d 427 (5th Cir. 2014)

. . . ., 491 U.S. 524, 540, 109 S.Ct. 2603, 105 L.Ed.2d 443 (1989) (“[T]he facial underinclusiveness of § 794.03 . . .

CBS CORPORATION CBS CBS CBS L. P. KUTV v. FEDERAL COMMUNICATION COMMISSION, 535 F.3d 167 (3d Cir. 2008)

. . . .] § 794.03 [, which proscribes the dissemination through mass communication of the name of a sexual . . .

A. BOEHNER, v. A. McDERMOTT,, 191 F.3d 463 (D.C. Cir. 1999)

. . . . § 794.03 (1987)) (footnote omitted). . . . . § 794.03 (1987)). . . .

STATE v. GLOBE COMMUNICATIONS CORPORATION,, 648 So. 2d 110 (Fla. 1994)

. . . , 622 So.2d 1066 (Fla. 4th DCA 1993), in which the Fourth District Court of Appeal declared section 794.03 . . . or other identifying facts or information of the victim of a sexual offense, in violation of section 794.03 . . . The Globe filed a motion to dismiss the information arguing that section 794.03 violates the free speech . . . Nor is there a scienter requirement of any kind under § 794.03, engendering the perverse result that . . . As explained by the Court, [sjection 794.03 prohibits the publication of identifying information only . . .

STATE v. GLOBE COMMUNICATIONS CORPORATION,, 622 So. 2d 1066 (Fla. Dist. Ct. App. 1993)

. . . We affirm the trial court’s order holding that section 794.03, Florida Statutes (1987), which mandates . . . Section 794.03 prohibits anyone from “print[ing], publishing], or broadcasting] ... in any instrument . . . In its brief, the state concedes record support exists for the lower court’s conclusion that section 794.03 . . . CONSTITUTIONALITY OF FLORIDA STATUTE 794.03 The statute in question, F.S. 794.03, was originally enacted . . . Is Fla.Stat. 794.03 violative of the First Amendment because it functions as a prior restraint? . . .

W. CONNELL v. TOWN OF HUDSON, 733 F. Supp. 465 (D.N.H. 1990)

. . . Although Florida statute § 794.03 (1987) made such publication unlawful, the Supreme Court held that . . . the highest order, and that no such interest is satisfactorily served by imposing liability under § 794.03 . . .

CAPE PUBLICATIONS, INC. v. HITCHNER, 549 So. 2d 1374 (Fla. 1989)

. . . There, a newspaper inadvertently published a rape victim’s name in violation of section 794.03, Florida . . . Florida policy against disclosure of rape victims’ identities, reflected in section 794.03, was undercut . . .

THE FLORIDA STAR v. B. J. F., 491 U.S. 524 (U.S. 1989)

. . . . §794.03 (1987) makes it unlawful to “print, publish, or broadcast... in any instrument of mass communication . . . He ruled from the bench that § 794.03 was constitutional because it reflected a proper balance between . . . F. had been properly entered because, under §794.03, a rape victim’s name is “of a private nature and . . . The second inquiry is whether imposing liability on appellant pursuant to § 794.03 serves “a need to . . . Stat. § 794.03 (1987). . . . Stat. 794.03 (1987). . . . Stat. §794.03 (1983), the State has taken virtually every step imaginable to prevent what happened here . . . Third, the Court faults the Florida criminal statute for being underinclusive: §794.03 covers disclosure . . . The scheme which the Court should review, then, is not only §794.03 (which, as noted above, merely provided . . . The Court’s myopic focus on §794.03 ignores the probability that Florida law is more comprehensive than . . .

THE FLORIDA STAR, v. B. J. F., 530 So. 2d 286 (Fla. 1988)

. . . Publication appeared to be a criminal violation under section 794.03, Florida Statutes (1985). . . . B.J.F., the rape victim, brought a civil action premised on a statutory duty arising from section 794.03 . . . ruled that no such violation would occur, and it specifically upheld the constitutionality of section 794.03 . . . The district court affirmed but did not discuss section 794.03 except to quote it verbatim, nor did it . . .

FLORIDA STAR, v. B. J. F., 499 So. 2d 883 (Fla. Dist. Ct. App. 1986)

. . . reference to Opinion 075-203 of the Attorney General of Florida (July 14,1975), which suggests that Section 794.03 . . . Section 794.03, Florida Statutes, is pertinent and states: No person shall print, publish, or broadcast . . .

WILLIAMS v. NEW YORK TIMES, INC. d b a, 462 So. 2d 38 (Fla. Dist. Ct. App. 1984)

. . . plaintiffs’ suit against the appellees alleged several theories of action: (1) violation of section 794.03 . . .

DOE, v. SARASOTA- BRADENTON FLORIDA TELEVISION COMPANY, INC., 436 So. 2d 328 (Fla. Dist. Ct. App. 1983)

. . . In count I, she sought a declaration that she was a member of the class protected by section 794.03, . . . Appellant alleged that appellee’s conduct violated section 794.03. . . . Thus, there certainly exist situations in which section 794.03 could be applied to protect privacy interests . . . Cox does not purport to prohibit the state from prosecuting those individuals who have violated s. 794.03 . . . SCHEB, A.C.J., and RYDER, J., concur. . 794.03 Unlawful to publish or broadcast information identifying . . .

B. W. WAIT, III, v. FLORIDA POWER LIGHT COMPANY, a, 372 So. 2d 420 (Fla. 1979)

. . . (b) All public records referred to in ss. 794.03, 198.09, 199.222, 658.10(1), 624.-319(3), (4), 624.311 . . .

ROSE, v. P. D ALESSANDRO,, 364 So. 2d 763 (Fla. Dist. Ct. App. 1978)

. . . .-10(3), and 794.03, are exempt from the provisions of subsection (1). . . .

Q. MARSTON, G. v. GAINESVILLE SUN PUBLISHING CO. INC., 341 So. 2d 783 (Fla. Dist. Ct. App. 1976)

. . . amended, § 119.07 exempts from its operation public records identifying the victim of a sexual offense, § 794.03 . . .

COX BROADCASTING CORP. v. COHN, 420 U.S. 469 (U.S. 1975)

. . . . §§794.03, 794.04 (1965 and Supp. 1974-1975); S. C. Code Ann. § 16-81 (1962); Wis. Stat. . . .

A. NAPPIER S. v. JEFFERSON STANDARD LIFE INSURANCE COMPANY a, 322 F.2d 502 (4th Cir. 1963)

. . . 1945, § 348.412, as quoted in the Evjue case, supra, 253 Wis. 146, 33 N.W. 2d 305; Florida Statutes, § 794.03 . . .

D. PATTERSON, v. TRIBUNE COMPANY, a, 146 So. 2d 623 (Fla. Dist. Ct. App. 1962)

. . . The trial court noted that § 794.03, for example, expressly prohibits publication of the name of any . . .

BRUMFIELD, v. STATE, 108 So. 2d 33 (Fla. 1958)

. . . Sections 794.03, 801.14-.15, F.S.A. . Note 12, supra. . . .

UNITED STATES v. GLENN L. MARTIN CO., 308 U.S. 62 (U.S. 1939)

. . . employees alleged to have been engaged in fulfilling this contract during 1936 and' 1937, respondent paid $794.03 . . .