The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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Marsy's Law does provide that the victim has "[t]he right to receive a copy of any presentence report, and any other report or record relevant to the exercise of a victim's right, except for such portions made confidential or exempt by law ." Art. I, § 16(b)(6) e., Fla. Const. (emphasis added). However, juvenile records are confidential by law. See § 985.04(1)(a), Fla. Stat. Thus, Marsy's Law did not entitle the victim to confidential documents in the juvenile case especially without specific authorization from the trial court. Therefore, the trial court did not depart from the essential requirements of law by striking L.T.’s Notices of Appearance which requested unrestricted access to the docket in the juvenile defendant's criminal case.In Florida, information obtained regarding the assessment or treatment of a juvenile can be maintained as confidential and exempted from a public records search. See generally FLA. STAT. § 985.04.In Florida, information obtained regarding the assessment or treatment of a juvenile can be maintained as confidential and exempted from a public records search. See generally FLA. STAT. § 985.04.Plaintiff sought to seal these proceedings to protect her daughter's interest (Docs. 3, 8), but her request was denied (Doc. 11). In denying Plaintiff's motion to seal, the Court noted that it was "not persuaded that identifying Plaintiff's child by her initials pursuant to FED. R. CIV. P. 5.2(a), and redacting the information protected by FLA. STAT. § 985.04 from any filings on the record is not sufficient to protect the child." (Doc. 11, p. 5). The Court also explained: "To the extent that any party wishes to use any government records concerning the arrest and prosecution of Plaintiff's daughter, the same shall be in a redacted format that complies with the confidentiality requirements of FLA. STAT. § 985.04, or a motion to seal the records should first be filed." (Id.).(xviii) Juvenile delinquency records. §§ 985.04(1), 985.045(2), Fla. Stat.Defendants contend they informed Plaintiff's counsel that if Plaintiff requested the documents be sealed, they would have no objections. Defendants state that, for unknown reasons, Plaintiff has not requested the Court to seal the records. (Doc. 23). The Court finds, however, that this argument does not relieve Defendants of their responsibility under Fla. Stat. § 985.04 to maintain the confidentiality requirements regarding juvenile justice records. By its terms, § 985.04 applies to law enforcement agencies and law enforcement agents, as well as the Department of Juvenile Justice, courts, and related agencies.(xviii) Juvenile delinquency records. §§ 985.04(1), 985.045(2), Fla. Stat.Harvard is seeking records of the Village's law enforcement investigation of an incident between her son and another minor which did not result in any criminal charges. Specifically, Harvard is seeking a copy of the juvenile offense report and a copy of a videotaped interview of her son taken during the investigation. The Village denied her initial public records request, citing section 985.04(1), Florida Statutes (2009). In pertinent part, section 985.04(1) provides that:Harvard is seeking records of the Village's law enforcement investigation of an incident between her son and another minor which did not result in any criminal charges. Specifically, Harvard is seeking a copy of the juvenile offense report and a copy of a videotaped interview of her son taken during the investigation. The Village denied her initial public records request, citing section 985.04(1), Florida Statutes (2009). In pertinent part, section 985.04(1) provides that:When subsection (1) and (2) of section 985.04 are read in pari materia with section 985.11(1)(a)(b) and section 943.053(3), it is clear that only the arrest records of those juveniles who the legislature has designated in section 985.04(2) have lost their confidential status and are available to the public pursuant to section 943.053(3)(a). G.G., who allegedly stole a can of Coke, is not one of the juveniles defined in section 985.04(2), and her arrest record is not a public record.. . . . §§ 985.04(1), 985.045(2), Fla. Stat. . . .
. . . . §§ 985.04(1), 985.045(2), Fla. Stat. . . .
. . . The Village denied her initial public records request, citing section 985.04(1), Florida Statutes (2009 . . . In pertinent part, section 985.04(1) provides that: [A]ll information obtained under [the juvenile justice . . . Stat. § 985.04(1). . . . Specifically, Harvard asserts that she is entitled to records under section 985.04(3), which provides . . . Here, the issue is whether the term “may” as used in section 985.04(3) is permissive or mandatory. . . .
. . . record and making it available to the public, FDLE violated the confidentiality requirements of section 985.04 . . . Section 985.04(1) establishes the confidential treatment afforded information relating to juveniles and . . . Section 985.04(2) creates an exception to the general rule of confidentiality for juvenile records and . . . We read sections 985.04(1) and (2) as a whole. See St. Mary’s Hosp., Inc. v. . . . As read, sections 985.04 and 943.053(3) are not in conflict or inconsistent. . . .
. . . . §§ 985.04(1), 985.045(2), Fla. Stat. . . .
. . . . §§ 985.04(1), 985.045(2), Fla. Stat. . . . Juvenile delinquency records. §§ 985.04(1), 985.045(2), Fla. Stat. . . .
. . . See, e.g., §§ 14.28, 39.202(5), 119.07(3), 240.2996(6), 288.075(2), 397.50 l(7)(a)5:, 828.30(5), 985.04 . . .
. . . reversed the trial court’s imposition of a split sentence under Youthful Offender statute, section 985.04 . . .
. . . Dunson as a youthful offender to allow him to take advantage of the boot camp program under section 985.04 . . . The State, however, convinced the judge that she was authorized by section 985.04(4), Florida Statutes . . . A subsequent probation modification order was issued, as in this ease, pursuant to section 985.04(4)( . . .