Florida Statutes
Chapter 92 - Witnesses, Records, and Documents
92.56 - Judicial Proceedings and Court Records Involving Sexual Offenses and Human Trafficking.



(1)(a) The confidential and exempt status of criminal intelligence information or criminal investigative information made confidential and exempt pursuant to s. 119.071(2)(h) must be maintained in court records pursuant to s. 119.0714(1)(h) and in court proceedings, including testimony from witnesses.
(b) If a petition for access to such confidential and exempt records is filed with the trial court having jurisdiction over the alleged offense, the confidential and exempt status of such information shall be maintained by the court if the state or the victim demonstrates that:
1. The identity of the victim is not already known in the community;
2. The victim has not voluntarily called public attention to the offense;
3. The identity of the victim has not otherwise become a reasonable subject of public concern;
4. The disclosure of the victim’s identity would be offensive to a reasonable person; and
5. The disclosure of the victim’s identity would:
a. Endanger the victim because the assailant has not been apprehended and is not otherwise known to the victim;
b. Endanger the victim because of the likelihood of retaliation, harassment, or intimidation;
c. Cause severe emotional or mental harm to the victim;
d. Make the victim unwilling to testify as a witness; or
e. Be inappropriate for other good cause shown.



(2) A defendant charged with a crime described in s. 787.06(3)(a)1., (c)1., or (e)1., s. 787.06(3)(b), (d), (f), or (g), 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 information in court records held confidential and exempt pursuant to s. 119.0714(1)(h) or maintained as confidential and exempt pursuant to court order under this section. Such identifying information concerning the victim may be released to the defendant or his or her attorney in order to prepare the defense. The confidential and exempt status of this information 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 s. 787.06(3)(a)1., (c)1., or (e)1., in s. 787.06(3)(b), (d), (f), or (g), or in chapter 794 or chapter 800, or of child abuse, aggravated child abuse, or sexual performance by a child as described in chapter 827, or any crime involving the production, possession, or promotion of child pornography as described in chapter 847, in all court records and records of court proceedings, both civil and criminal.
(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 s. 787.06(3)(a)1., (c)1., or (e)1., s. 787.06(3)(b), (d), (f), or (g), 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; s. 1, ch. 2008-172; s. 4, ch. 2008-234; s. 3, ch. 2011-83; s. 1, ch. 2014-160.

Structure Florida Statutes

Florida Statutes

Title VII - Evidence

Chapter 92 - Witnesses, Records, and Documents

92.05 - Final Judgments and Decrees of Courts of Record.

92.06 - Judgments and Decrees of United States District Courts.

92.07 - Judgments and Decrees of This State.

92.08 - Deeds and Powers of Attorney of Record for 20 Years or More.

92.09 - Effect of Reversal, etc., of Judgment or Successful Attack on Deed.

92.13 - Certified Copies of Records of Certified Copies.

92.14 - United States Deeds and Patents and Copies Thereof.

92.141 - Law Enforcement Employees; Travel Expenses; Compensation as Witness.

92.142 - Witnesses; Pay.

92.143 - Compensation to Traffic Court Witnesses.

92.151 - Witness Compensation; Payment; Overcharges.

92.153 - Production of Documents by Witnesses; Reimbursement of Costs.

92.16 - Certificates of Board of Trustees of the Internal Improvement Trust Fund Respecting the Ownership, Conveyance Of, and Other Facts in Connection With Public Lands.

92.17 - Effect of Seal of Board of Trustees of the Internal Improvement Trust Fund.

92.18 - Certificate of State Officer.

92.19 - Portions of Records.

92.20 - Certificates Issued Under Authority of Congress.

92.21 - Certificate as to Sanitary Condition of Buildings.

92.23 - Rule of Evidence in Suits on Fire Policies for Loss or Damage to Building.

92.231 - Expert Witnesses; Fee.

92.233 - Compensation of Witness Summoned in Two or More Criminal Cases.

92.24 - Certain Tax Deeds Prima Facie Evidence of Title.

92.25 - Records Destroyed by Fire; Use of Abstracts.

92.251 - Uniform Interstate Depositions and Discovery Act.

92.26 - Records Destroyed by Fire; Use of Sworn Copies.

92.27 - Records Destroyed by Fire; Effect of Abstracts in Evidence.

92.28 - Records Destroyed by Fire; Land Title Suits; What May Be Received in Evidence.

92.29 - Photographic or Electronic Copies.

92.295 - Copies of Voter Registration Records.

92.30 - Presumption of Death; Official Findings.

92.31 - Missing Persons and Persons Imprisoned or Interned in Foreign Countries; Official Reports.

92.32 - Official Findings and Reports; Presumption of Authority to Issue or Execute.

92.33 - Written Statement Concerning Injury to Person or Property; Furnishing Copies; Admission as Evidence.

92.351 - Prohibition Against Prisoners Submitting Nondocumentary Physical Evidence Without Authorization of Court; Prisoner Mailings to Courts.

92.38 - Comparison of Disputed Writings.

92.39 - Evidence of Individual’s Claim Against the State in Suits Between Them.

92.40 - Reports of Building, Housing, or Health Code Violations; Admissibility.

92.50 - Oaths, Affidavits, and Acknowledgments; Who May Take or Administer; Requirements.

92.51 - Oaths, Affidavits, and Acknowledgments; Taken or Administered by Commissioned Officer of United States Armed Forces.

92.52 - Affirmation Equivalent to Oath.

92.525 - Verification of Documents; Perjury by False Written Declaration, Penalty.

92.53 - Videotaping the Testimony of a Victim or Witness Under Age 18 or Who Has an Intellectual Disability.

92.54 - Use of Closed-Circuit Television in Proceedings Involving a Victim or Witness Under the Age of 18 or Who Has an Intellectual Disability.

92.55 - Judicial or Other Proceedings Involving Victim or Witness Under the Age of 18, a Person Who Has an Intellectual Disability, or a Sexual Offense Victim or Witness; Special Protections; Use of Therapy Animals or Facility Dogs.

92.56 - Judicial Proceedings and Court Records Involving Sexual Offenses and Human Trafficking.

92.561 - Prohibition on Reproduction of Child Pornography.

92.565 - Admissibility of Confession in Sexual Abuse Cases.

92.57 - Termination of Employment of Witness Prohibited.

92.60 - Foreign Records of Regularly Conducted Business Activity.

92.605 - Production of Certain Records by Florida Businesses and Out-of-State Corporations.

92.70 - Eyewitness Identification.