TALHASSEE – Florida law enforcement officers can protect their names from the public under proposed state law if they use deadly or harmful units.
The proposal would prohibit law enforcement from releasing public records that identify officers 72 hours after shooting someone or use other forces that cause “major bodily harm.”
However, even after that 72-hour period has expired, the agent may decide to withhold the information of the officer indefinitely if it deems necessary.
The proposal will be made in a larger bill to protect the identity of crime victims.
The 2018 constitutional amendment known as Mercy’s law protects the personal information of victims of crime. However, in 2023, the Florida Supreme Court ruled that it did not include the right to a blanket to edit the name.
The verdict comes after a Tallahassee police officer fatally shot people in two separate cases. Their agents withheld the name of the officer. Because the officers said they were victims because they were assaulted by the people they shot.
Sen. Joe Gruters of R-Sarasota said he sponsored the law for the Supreme Court decision, saying the victim’s names should be protected. However, he said he is still working on language when it comes to withholding police officer identity.
The bill passed one committee in both the House and Senate. There, he received one vote from Sen. Carlos Guillermo Smith of D-Orlando.
Smith said he thought it was reasonable to delay the release of officers’ names. However, he expressed concern about giving “subjective” discretion to indefinitely exempt officer names.
The bill allows officers to choose to waive public records exemptions at any time.
Meanwhile, another bill moving to the House would prohibit officers from including the investigation file in officers’ personnel files if the investigation fails to result in disciplinary action. It has not been heard in the Senate.
The bill sponsored by Rep. R-Miami Lakes would also require that all complaints against law enforcement officials be signed under oath. And it would require the officer to be told in the names of all those who are complaining against them.
The bill was unanimously supported by Republicans and Democrats on the first House committee. However, the Florida Security Association opposes it.
The association did not reply to a request for comment, but Fabricio said the Sheriff’s Association does not want the requirements for sworn complaints to be fully codified.
