The Florida Sheriffs Association and Florida Police Chiefs Association say lawmakers need to clarify language in Amendment 6. Open government advocates say the measure goes too far.

In the article, “Law enforcement agencies withhold victim information as confusion swirls around new Marsy’s Law” published by the Tampa Bay Times on January 16, 2019, David Marsey is quoted about comments made during the Florida Senate’s Criminal Justice Committee during a workshop on the new amendment.

“There are as many different opinions on how to construe this as there are legal advisers I’ve spoken to, and I’ve spoken to at least 10,” David Marsey, general counsel for the Florida Police Chiefs Association, told the Florida Senate’s Criminal Justice Committee last week during a workshop on the amendment.

At issue is language in the amendment to protect the victim’s right “to prevent the disclosure of information or records that could be used to locate or harass the victim or the victim’s family, or which could disclose confidential or privileged information of the victim.”

One key question is whether the right to have information withheld is automatic or if victims have to request the protection, Marsey told the committee. Another is what “information and records” should be withheld.

Marsey said the chiefs association needs the Legislature to clarify these points for agencies “who are on the front lines of fulfilling public records requests not only to the public but also to media outlets.”

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