Attorney General of Florida — Opinion
February 25, 1992
Information regarding identity of abuse victims
Robert A. Butterworth Attorney General
Captain A.J. Caiata, Jr. Acting Chief of Police
QUESTION:
When a law enforcement agency forwards a copy of the report of domestic violence involving sexual battery, child abuse, or lewd, lascivious or indecent assault upon or in the presence of a child, to the nearest locally certified domestic violence center, must the agency excise all information which would reveal the identity of the victim?
SUMMARY:
Information revealing the identity of the victim of sexual battery, child abuse, or lewd, lascivious or indecent assault upon or in the presence of a child, should be excised from the copy of the report of domestic violence forwarded by a law enforcement agency to the nearest locally certified domestic violence center.
Section 741.29(1), F.S., requires a law enforcement officer investigating a domestic violence complaint to inform the alleged victim that a local domestic violence center is available from which the victim may receive services.[1] Regardless of whether an arrest is made, the officer is required to make a written police report of the incident indicating that the alleged offense was an incident of domestic violence.[2] Pursuant to s. 741.29(2), F.S.:
Whenever possible, the law enforcement officer hall obtain a written statement from the victim nd witnesses concerning the alleged domestic violence. The officer shall submit the report o the supervisor or other person to whom the employer’s rules or policies require reports of similar allegations of criminal activity to be made. The law enforcement officer’s supervisor shall, without charge, send a copy of the initial police report, which excludes victim/witness statements or other materials deemed to be a part of an active criminal investigation as defined in s. 119.07(3)(d), to the nearest locally certified domestic violence center within 24 hours of the agency’s receipt of the report.[3] (e.s.)
Information received by persons employed by or volunteering services to domestic violence centers through files, reports, inspections, or otherwise is confidential and exempt from s. 119.07(1), F.S.[4]
Section 741.29(2), F.S., therefore, provides that the report sent to the domestic violence center exclude victim/witness statements or other material deemed to be part of the criminal investigation as defined in s. 119.07(3)(d), F.S. Section 119.07(3)(d), F.S., exempts active criminal intelligence information and active criminal investigative information from the disclosure provisions of s. 119.07(1), F.S.[5] Criminal investigative information is defined in s. 119.011(b), F.S., as:
“Criminal investigative information” means information with respect to an identifiable person or group of persons compiled by a criminal justice agency in the course of conducting a criminal investigation of a specific act or omission . . . .[6]
Certain information, however, is not included within the above term. Pursuant to s. 119.011(3)(c)2., F.S., criminal investigative information shall not include “[t]he name, sex, age, and address of a person arrested or of the victim of a crime except as provided in s. 119.07(3)(h).”
Thus, information revealing the identity of a victim of domestic violence normally would not constitute criminal investigative information. An exception is recognized, however, for information provided in s. 119.07(3)(h), F.S.
Section 119.07(3)(h), F.S., states:
Any criminal intelligence information or criminal investigative information including the photograph, name, address, or other fact or information which reveals the identity of the victim of the crime of sexual battery as defined in chapter 794; the identity of the victim of the crime of lewd, lascivious, or indecent assault upon or in the presence of a child, as defined in chapter 800; or the identity of the victim of the crime of child abuse as defined by chapter 827 and any criminal intelligence information or criminal investigative information or other criminal record, including those portions of court records, which may reveal the identity of a person who is a victim of any sexual offense, including a sexual offense proscribed in chapter 794, chapter 800, or chapter 827, is exempt from the provisions of subsection (1). (e.s.)
Section 119.07(3)(h), F.S., thus, reflects the Legislature’s intent that criminal investigative information revealing the identity of a victim of sexual battery, of a lewd, lascivious or indecent assault upon or in the presence of a child, or of child abuse be exempt from the disclosure provisions of s. 119.07(1), F.S. The statute further ensures that the exemption for such information does not cease once the information is no longer “active.”[7]
I find nothing in my examination of s. 741.29, F.S., indicating that the Legislature intended such information be released to the domestic violence centers. Section 741.29(1), F.S., requires the law enforcement officer to inform the alleged victim that a local domestic violence center is available to provide assistance if desired. Section 741.29(2), F.S., in providing that a copy of the domestic violence report be sent to the nearest certified domestic violence center, specifically states that the copy exclude information considered to be a part of the criminal investigation.
Read together, ss. 119.011(3) and 119.07(3)(d) and (h), F.S., clearly indicate that information identifying victims of sexual battery, lewd, lascivious or indecent assault upon or in the presence of a child, or child abuse compiled by a criminal justice agency in the course of conducting a criminal investigation of a specific act or omission constitutes criminal investigative information which is exempt from disclosure.[8]
Therefore, I am of the opinion that information revealing the identity of the victim of sexual battery, child abuse, or lewd, lascivious or indecent assault upon or in the presence of a child must be excised from the copy of the report of domestic violence forwarded by a law enforcement agency to the nearest locally certified domestic violence center pursuant to s. 741.29, F.S.
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