Florida state Rep. Chuck Brannan, R-Baker, a former sherif’s deputy, is the sponsor of two bills that would broaden Florida’s public records exemptions laws.
HB 1605 and HB 1607 would classify law enforcement officers as victims of a crime and exempt their names from public records under Marsy’s Law.
In the 2018 general election, Florida voters approved Marsy’s Law, which amended Article I, Section 16 of the Florida Constitution.
Mary’s law provides a bill of rights for victims of a crime.
The constitutional provision includes a variety of amendments aimed toward shielding any information that could be used to locate or harass the victim’s family members.
However, Mary’s Law has raised flags for its ambiguous wording.
In a hearing last month Florida Chief Justice Carlos G. Muñiz called the law “unorthodox,” in a December 2022 hearing.
Muñoz’s skeptical comments while deliberating a lawsuit involving two killings in 2020, when two people were fatally shot by Tallahassee Police Department officers during two separate incidents. The officers were granted their request from the city to shield their names from public record as they argued they were victims of the crime.
However the city of Tallahassee reversed its decision, rescinding on the notion that law enforcement officers can be victims of a crime.
The two officers and the Florida Police Benevolent Association, a police union, filed a lawsuit against the city of Tallahassee in an effort to keep their names confidential.
A 2021 legal report from the Florida Sheriffs Association detailed the events of the lawsuit.
“The trial court ruled in favor of the city, holding that Mary’s law was not intended to apply to law enforcement officers when acting in their official capacity,” the report said.
After an appeal was filed, the First District Court of Appeals ruled in favor of the unnamed officers and the PBA, holding that law enforcement officers can be victims of a crime if threatened in use of force incidents.
Last month, the Florida Supreme Court ruled that Mary’s law does not shield the disclosure of any crime victim, including law enforcement officers.
HB 1605 and 1607 would give law enforcement officers more legal footing to withhold the names of officers who kill someone in the line of duty.
Proponents and local law enforcement associations did not offer detailed opinions on the bills.
“Since we are still reviewing the House bill, the president and legislative chair don’t have enough information to weigh in for you.” the Florida Sheriffs Association said in an email.
When asked to give his side of the story on the pair of bills. Rep. Brannan said that’s something that’s still being worked on, speaking towards the lack of action of the bills.
Neither HB 1605 nor HB 1607 have a Senate companion bill. Both have been referred to the Criminal Justice Subcommittee and still await hearings.