Florida’s Marsy’s Law gives crime victims a set of constitutional rights that carry the same weight as the rights of the accused. Voters added it to Article I, Section 16(b) of the Florida Constitution in 2018, and it covers safety, privacy, notice of hearings, the chance to be heard, and restitution. Most of these rights are real from the moment a crime occurs, but several only take effect once you ask for them.
Who Counts as a Victim
A victim is anyone who suffers direct or threatened physical, psychological, or financial harm from a crime or juvenile delinquency offense. The definition also covers the victim’s lawful representative.
If the victim is incapacitated or has died, a spouse, parent, guardian, sibling, or child can assert the rights instead, as long as their own interests don’t conflict with the victim’s. That conflict check matters when a family member is also tied to the accused.
Rights That Apply Automatically
Several protections attach the moment you become a victim, without any paperwork:
- Due process and fair, respectful treatment throughout the case.
- Freedom from harassment, intimidation, and abuse related to the case.
- Reasonable protection from the accused and anyone acting on their behalf within the court process.
- Consideration of your safety and your family’s welfare when the court sets bail or pretrial release conditions.
- The ability to prevent release of records or information that could be used to locate or harass you or your family.
One boundary worth knowing: the right to protection from the accused does not create a special duty on law enforcement to provide personal security. It works within the court process, not as a promise of a police detail.
Rights You Have to Ask For
A second group of rights is available upon request. You have to tell the State Attorney’s Office or law enforcement that you want them. Once you do, the system is obligated to follow through.
- Timely notice of every public proceeding involving the criminal conduct, including trial, plea hearings, sentencing, and adjudication, plus notice of any release or escape of the defendant.
- The right to attend all of those proceedings, even if you’ll be testifying as a witness.
- The right to be heard at any public proceeding involving pretrial release, plea deals, sentencing, adjudication, or parole.
- The right to confer with the prosecuting attorney about plea agreements, pretrial diversion, restitution, sentencing, and other case dispositions.
- The right to give victim impact information to whoever is preparing a presentence investigation report, which must be considered in sentencing recommendations.
- Access to a copy of any presentence report or other record relevant to exercising your rights, aside from portions that are confidential or exempt by law.
The “upon request” language is real. If you don’t ask, no one is required to loop you in.
Privacy and the Confidentiality Opt-In
The right to keep locating information out of the public record is one of the strongest tools in Marsy’s Law, and it is not automatic. Under Florida’s Rules of Judicial Administration (Rule 2.420), you or the State Attorney’s Office on your behalf can file a Crime Victim Confidential Information Opt In Form with the clerk of court. You can file it at any point during the criminal case, and the clerk then treats the marked information the same as any other notice of confidential information.
Once you opt in, court filings must refer to you using generic terms like “Victim” or “Victim 1” instead of your actual name. When law enforcement initiates criminal proceedings, they are supposed to file the opt-in form on your behalf if you request it. Don’t assume your information is protected by default. Ask for the form and confirm it was filed.
Marsy’s Law Does Not Guarantee Anonymity
In City of Tallahassee v. Florida Police Benevolent Association, decided in November 2023, the Florida Supreme Court held that Marsy’s Law does not give victims a blanket right to remain anonymous. Police officers involved in fatal shootings had tried to use the law to withhold their names from public records. The court rejected that reading, noting that the constitutional text protects information that could be used to locate or harass a victim, not identity itself. The drafters used the word “identity” in other places and chose not to use it here.
The practical effect: your name alone is generally not confidential under Marsy’s Law. What is protected is the kind of information that would let someone track you down, such as your home address, phone number, or workplace location.
Restitution
The Florida Constitution entitles you to full and timely restitution from each person convicted in your case, covering all losses you suffered as a direct or indirect result of the crime. The word “every” in the constitutional text is deliberate: restitution applies in every case, not only property or financial crimes. It can cover medical expenses, lost income, property damage, and other financial harm tied to the offense. You also have the right to a prompt return of your own property once it’s no longer needed as evidence.
Being awarded restitution and collecting it are different problems. Offenders who are incarcerated or without assets may take years to pay. Florida’s restitution orders can be enforced as civil judgments, so collection efforts can continue after the criminal case ends.
How to Assert Your Rights
The constitution lets you, your attorney, your lawful representative, or the State Attorney’s Office at your request assert and seek enforcement of your rights in any trial or appellate court, or before any authority with jurisdiction over the case. In day-to-day terms, that starts with the State Attorney’s Office for the circuit where the crime occurred.
- Ask for the confidentiality opt-in form. Request that the State Attorney’s Office or the investigating agency file the victim confidential information opt-in form with the clerk of court. You can also file it yourself at any point in the case.
- Register for notifications. Tell the prosecutor’s office in writing that you want notice of all public proceedings.
- Keep your contact information current. Make sure the State Attorney’s Office has your current phone number, email, and mailing address.
- Ask for the victim rights brochure. Florida law requires law enforcement to provide a victim’s rights information card or brochure at the crime scene or during the investigation. If you didn’t get one, ask the investigating officer or the State Attorney’s Office.
VINE Notifications About the Offender
Florida’s Department of Corrections operates the Victim Information and Notification Everyday (VINE) system, a free automated service that tracks an offender’s custody status. You can register by phone at 1-877-VINE-4-FL (1-877-846-3435) or online through the Department of Corrections website. Once registered, you get automated calls or emails if the offender is transferred, released, escapes, or dies in custody.
Two things catch people off guard. The system is opt-in, so you get nothing from the Department of Corrections unless you register directly. And registering through VINELink.com will not produce written notifications from the Department. Registering through the DOC’s own forms or toll-free line is the more complete option.
When Your Rights Are Violated
You have standing to enforce your Marsy’s Law rights in court. Under the constitution, you, your attorney, your lawful representative, or the State Attorney on your behalf can seek enforcement in any trial or appellate court or before any other authority with jurisdiction over the case. The court or authority must act promptly and provide a remedy through due process of law.
Florida Statute 960.001 confirms that victims, their parents or guardians for minors, and the State Attorney (with the victim’s consent) have standing to assert victim rights provided by law or by the state constitution. The Governor’s office issues annual compliance reports on whether agencies are meeting their obligations, and the Governor can seek a court order forcing compliance from agencies that fall short.
The statute has an important limit. It explicitly says it does not create a cause of action against the state, its agencies, or its political subdivisions. You can enforce your rights within an existing case, but you generally cannot sue the government for damages if an agency failed to notify you of a hearing or mishandled your information. The remedy is corrective going forward, not compensatory after the fact.
Related Protections Worth Knowing
Crime Victim Compensation
Separate from Marsy’s Law, Chapter 960 of the Florida Statutes runs a financial assistance program that reimburses out-of-pocket expenses that insurance and restitution don’t cover, administered by the state’s Bureau of Victim Compensation. It covers medical and dental treatment, mental health counseling, lost wages, funeral and burial costs, crime scene cleanup, limited property loss, and relocation assistance for victims of domestic violence, sexual assault, or human trafficking, each with its own cap. Total awards are capped at $25,000 for most claims, or $50,000 if the state determines the victim suffered a catastrophic injury.
Eligibility excludes people who participated in the crime, were engaged in unlawful activity when the crime occurred, were incarcerated at the time, or have been classified as a habitual felony offender, habitual violent offender, or violent career criminal. You must report the crime to law enforcement and cooperate with the investigation and prosecution. A finding that you contributed to your own injuries can reduce your award by 25 percent; a contribution finding greater than 25 percent results in a denial.
For crimes on or after October 1, 2019, you generally have three years to file, running from the crime, the victim’s death, or a determination that the death resulted from the crime, whichever comes later. The state can extend the deadline for good cause up to five years total, and it can waive it entirely if a delay in DNA testing contributed to late filing in a sexual assault case. Minors get an additional window once they turn 18.
Employment Protections
Florida Statute 92.57 bars an employer from firing you for testifying in a judicial proceeding after being subpoenaed, whether the reason is the substance of your testimony or missed work to comply with the subpoena. A violation lets you sue for actual damages, attorney’s fees, and punitive damages.
Florida Statute 741.313 gives victims of domestic violence or sexual violence up to three working days of leave in any twelve-month period to seek a protective order, get medical or mental health treatment, access victim services, secure a home, or attend related court proceedings. It applies to employers with 50 or more employees and workers who have been on the job at least three months. Leave can be paid or unpaid at the employer’s discretion. You generally must exhaust available vacation, personal, and sick time first, and give advance notice unless you face imminent danger. Retaliation for using the leave is prohibited.
Address Confidentiality Program
Florida’s Attorney General operates a separate Address Confidentiality Program for victims of domestic violence under Florida Statute 741.465. Participants receive a substitute address and mail forwarding, shielding their actual residential, school, and work addresses from public records. The program also protects participants’ phone numbers and Social Security numbers. It is useful when Marsy’s Law is not enough on its own, for example when the threat comes from someone who isn’t the accused in a pending case. Enrollment goes through the Office of the Attorney General. The program is not witness protection and does not guarantee safety, but it makes it harder for an abuser to find a victim through public records.