Florida Law Enforcement Union to Advocate for Legislative Change Following Marsy’s Law Decision

State Supreme Court Declares 2018 Amendment Does Not Shield Victims’ Identities

In Orlando, Florida, the state's largest law enforcement union has expressed its determination to seek changes in the state's legislative framework. This response comes in the wake of a recent decision by the Florida Supreme Court regarding a 2018 constitutional amendment known as Marsy’s Law, which expanded the rights of crime victims. The court ruled that this amendment does not extend to protecting the names of the victims.

The genesis of the ruling is a legal challenge concerning whether the identities of law enforcement officers involved in shooting incidents in the line of duty, claiming self-defense, could be shielded under Marsy’s Law. The Florida Police Benevolent Association (FPBA) initiated legal action against the city of Tallahassee for disclosing the names of officers in two separate incidents. Marsy’s Law allows for the withholding of information about crime victims from public records to prevent harassment or threats.

Although the Florida Supreme Court did not explicitly address the applicability of Marsy’s Law to law enforcement officers, it did determine that the amendment, as it stands, does not inherently include protection for victims' identities based on its “plain, literal meaning.” Justice John Couriel, in his written opinion, clarified that information potentially leading to harassment or revealing confidential details about the victim does not imply concealing the victim's identity.

However, Couriel also noted that the legislature has the authority to enact laws that could exempt crime victims' names from public records. In certain types of crimes, this exemption is already in practice.

Reacting to the court's decision, John Kazanjian, the president of the FPBA, stated that while the union respects the ruling, it disagrees with the interpretation. Kazanjian announced plans to engage the union's lobbyists to push for legislation that would protect the identities of all crime victims, including law enforcement officers, under Marsy’s Law. He emphasized the union's belief that the law's primary goal was to safeguard the identities of crime victims, badge-wearing officers included.

This issue has sparked a debate, especially among media organizations reporting on use-of-force incidents, who argue for the disclosure of law enforcement officers' names to ensure transparency and accountability.

The FPBA's stance is not universally shared within law enforcement circles. In 2022, Sheriff Mike Chitwood of Volusia County supported the city of Tallahassee by submitting a friend of the court brief. He advocated for the disclosure of deputies’ names involved in deadly force incidents, stating that such transparency is key to rebuilding public trust in law enforcement and promoting accountability.

This ongoing debate highlights the complex balance between protecting the rights of crime victims, including law enforcement officers, and maintaining public transparency and accountability in the use of force by police.

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