The Florida Senate

92.56  Judicial proceedings and court records involving sexual offenses.--

(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 abuse, aggravated child abuse, or sexual performance by a child as described in chapter 827, are confidential and exempt from the provisions of s. 24(a), Art. I of the State Constitution and may not be made public if, upon a showing to the trial court with jurisdiction over the alleged offense, the state or the victim demonstrates that:

(a)  The identity of the victim is not already known in the community;

(b)  The victim has not voluntarily called public attention to the offense;

(c)  The identity of the victim has not otherwise become a reasonable subject of public concern;

(d)  The disclosure of the victim's identity would be offensive to a reasonable person; and

(e)  The disclosure of the victim's identity would:

1.  Endanger the victim because the assailant has not been apprehended and is not otherwise known to the victim;

2.  Endanger the victim because of the likelihood of retaliation, harassment, or intimidation;

3.  Cause severe emotional or mental harm to the victim;

4.  Make the victim unwilling to testify as a witness; or

5.  Be inappropriate for other good cause shown.

(2)  If the court, pursuant to subsection (1), declares that all court records or other information that reveals the photograph, name, or address of the victim are confidential and exempt from s. 24(a), Art. I of the State Constitution, the defendant charged with the crime described in 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 identifying information concerning the victim in order to prepare the defense. This paragraph 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 chapter 794 or chapter 800, or of child abuse, aggravated child abuse, or sexual performance by a child as described in chapter 827, in all court records and records of court proceedings.

(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 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.

History.--s. 3, ch. 95-207.