Florida Bill Could Withhold Names of Officers Using Deadly Force

TALLAHASSEE, FL — Florida law enforcement officers who use deadly or harmful force could have their names shielded from the public under a proposed state law.

The proposal would prohibit law enforcement agencies from releasing any public record that identifies the officer for 72 hours after they shoot someone or use other force that causes “great bodily harm.”

But even after that 72-hour period expires, an agency head can decide to indefinitely withhold the officer’s information if they deem it necessary.

The proposal comes in a larger bill meant to shield the identities of crime victims.

A 2018 constitutional amendment known as Marsy’s Law protects some personal information of crime victims. But the Florida Supreme Court in 2023 ruled that did not include the blanket right to redact their names.

The ruling came after Tallahassee police officers fatally shot people in two separate incidents. Their agency withheld the officers’ names because the officers said they were victims because they were assaulted by the people they shot.

Sen. Joe Gruters, R-Sarasota, said he’s sponsoring the legislation because of that Supreme Court ruling, saying victims’ names should be protected. But he said he’s still working on the language about withholding police officers’ identities.

The bill has moved through one committee in both the House and the Senate, where it received only one no vote, from Sen. Carlos Guillermo Smith, D-Orlando.

Smith said he thought the 72-hour cooling-off period was reasonable to delay releasing an officer’s name. But he expressed concern about giving an agency “subjective” discretion to exempt officers’ names indefinitely.

The bill would allow for an officer to choose to waive the public records exemption at any time.

Meanwhile, another bill moving in the House would prohibit officials from including an investigative file in an officer’s personnel file if that investigation didn’t result in any disciplinary action. It has not been heard in the Senate.

The bill, sponsored by Rep. Tom Fabricio, R-Miami Lakes, would also require all complaints against a law enforcement officer be signed under oath. And it would require that an officer be told the names of all people making complaints against them.

The bill was unanimously supported by Republicans and Democrats during its first House committee. But the Florida Sheriffs Association opposes it.

The association did not return a request for comment, but Fabricio said the sheriffs association didn’t want the sworn complaint requirement to be codified across the board.

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