Florida Supreme Court: Law enforcement isn't required to withhold victims' names

TALAHASSEE, Fla. — Law enforcement agencies in Florida began refusing to publicly release the names of crime victims after voters passed a constitutional amendment for victims' rights, but the state Supreme Court ruled Thursday that they were not required to do so.

Legally, the name of a crime victim does not have to be hidden from the public, the court ruled. The amendment actually protects information that could be used to locate and harass a victim.

“A person's name in itself is not that kind of information or record; it communicates nothing about where the individual can be found and harassed,” the court ruled.

Marsy's Law was passed by voters five years ago and allows crime victims or their families to request that their names not be included in public documents. The ruling involved a case that focused on whether Tallahassee police officers who fatally shot armed suspects could claim they were crime victims and thus prevent the city from releasing their names. But the court ruled that the question of whether the officers were victims need not be answered because Marsy's Law does not protect the identities of victims.

The ruling could have broader implications for news agencies and others seeking details of a crime. While agencies do not have to voluntarily provide the information if it is not requested, they would be required to provide the names of victims if a request is made under state public records laws.

“Now we can push back,” said Barbara Petersen, executive director of the Florida Center for Government Accountability and a legal expert on open government laws. “We can say, 'I'm sorry, the Florida Supreme Court said you have to release this information.'”