Victims’ Rights in Florida Under Marsy’s Law

If you were harmed by a crime in Florida, you have a set of constitutional rights that begin the moment the crime occurs and continue through every hearing, plea, sentence, and release decision that follows. Victims’ rights in Florida under Marsy’s Law, added to Article I, Section 16 of the state constitution when voters passed Amendment 6 in 2018, guarantee you notice of proceedings, the right to attend and speak at them, the right to confer with the prosecutor before major decisions, and a way to enforce those rights in court when they are ignored.¹

The Core Rights You Have

Marsy’s Law sets out a detailed list of rights rather than a general statement of principle. You are entitled to be treated with fairness and respect for your dignity, and to be free from intimidation, harassment, and abuse throughout the process.¹ That language applies to defense attorneys, investigators, and court staff, not just the offender.

You have the right to reasonable, accurate, and timely notice of all public proceedings involving the criminal conduct, and to be present at those proceedings even if you will be called as a witness.¹ Before Marsy’s Law, standard sequestration rules could exclude a victim-witness from the courtroom. That exception is now constitutionally guaranteed.

You have the right to be heard at any public proceeding involving release, plea agreements, sentencing, or parole, and to confer with the prosecuting attorney about plea deals, pretrial diversion, restitution, and sentencing.¹ The word “confer” matters. You are not just entitled to be told what happened; you are entitled to a conversation before it happens.

You are also entitled to timely notice of any release, escape, or change in the offender’s custody status, along with information about conviction, sentencing, incarceration location, and scheduled release dates. And you have the right to the prompt return of your property once law enforcement no longer needs it as evidence.¹

Who Counts as a Victim

The constitutional definition under Marsy’s Law is broad. It covers people directly harmed by a crime, the next of kin of homicide victims, and lawful representatives of victims who cannot act for themselves.

For the state’s compensation program, the definition is more specific. You qualify if you suffered personal physical injury or death as a direct result of a crime.² Several categories extend past that baseline: children under 18 who witnessed a crime and suffered psychological injury, minors who are victims of child abuse resulting in mental injury, adults who suffered psychiatric injury from a forcible felony, and first responders killed while answering a call. Eligibility for compensation also reaches surviving spouses, parents or guardians, siblings, children of a deceased victim, and anyone who depended on the victim for principal financial support.³

Using Your Rights During the Case

Conferring With the Prosecutor

Your right to confer with the state attorney covers plea agreements, pretrial diversion, release decisions, restitution, and sentencing. Prosecutors are not required to follow your wishes, but they are constitutionally required to hear them before making major decisions. If a plea deal is offered without anyone consulting you first, that is a rights violation you can raise in court.

Victim Impact Statements

At sentencing you can deliver an oral or written victim impact statement describing how the crime affected you emotionally, physically, and financially.⁴ Judges consider these statements when deciding the sentence. You can have someone else deliver the statement on your behalf if speaking in court feels overwhelming.

Hearings and Depositions

You can attend all public court proceedings even if you are a witness. If the defense schedules your deposition, you have the right to have a victim advocate from the state attorney’s office, sheriff’s office, police department, or a nonprofit victim services organization present with you. Victims who are not incarcerated can never be forced to attend a deposition inside a correctional facility.⁵

If someone contacts you on behalf of the defendant, they must identify themselves by name, tell you who they work for, and disclose that they are acting on the defendant’s behalf.⁵ You are not required to speak with them.

Enforcing Your Rights When They Are Ignored

You, your attorney, your lawful representative, or the state attorney on your behalf can file a motion in any trial or appellate court to enforce your constitutional rights. The court must act promptly and provide a remedy.¹ If the court rules against you, it must state the reasons on the record.⁶ This is the mechanism that separates Florida’s framework from states where victims’ rights are advisory. If a prosecutor negotiates a plea without consulting you, or a court schedules a hearing without notifying you, you have standing to challenge that in court.

Recovering Your Financial Losses

Two separate paths let you recover money after a crime, and you can pursue both.

Crime Victim Compensation

The Florida Attorney General’s Bureau of Victim Compensation reimburses eligible victims for expenses that result directly from the crime.⁷ Covered categories include medical and dental treatment, mental health counseling, lost wages, funeral and burial costs, crime scene cleanup, relocation for domestic violence and sexual assault survivors, and limited property loss.⁸ Category caps apply, with a total per-claim maximum of $15,000 for non-fatal, non-catastrophic claims, $25,000 when the victim died, and $50,000 for catastrophic injury.

Treatment providers are paid at 50% or less of the billed amount depending on funding, so a $10,000 medical bill may result in only a $5,000 payment to the provider. Some providers absorb the difference; others may bill you.

Two rules trip people up. First, the crime must be reported to law enforcement within five days, though the department can waive that for good cause. Second, several categories of people are automatically ineligible: anyone who committed or helped commit the crime, was engaged in unlawful activity at the time, or was in custody when the crime occurred; people adjudicated as habitual felony offenders, habitual violent offenders, or violent career criminals; and people convicted of a forcible felony. Exceptions exist for victims of child sexual exploitation and for trafficking victims who were engaged in prostitution as a result of the trafficking.³

To apply, call the Bureau of Victim Compensation at 1-800-226-6667 or email VCIntake@MyFloridaLegal.com to request forms.⁹ Local victim advocates at the state attorney’s office or the law enforcement agency handling your case can help you through the application.

Court-Ordered Restitution

Restitution is money the offender pays directly to you as part of their sentence. A Florida judge must order restitution for any damage or loss caused by the defendant’s offense unless the court identifies clear and compelling reasons not to, and if the court declines, it must explain its reasoning on the record.¹⁰

When the crime caused bodily injury, restitution can cover medical and professional treatment, physical and occupational therapy, rehabilitation, lost income, and funeral expenses if the victim died. For property crimes it covers the value of damaged or stolen property. There is no statutory cap; the amount is based on your actual losses. Full payment is a mandatory condition of probation or parole, and restitution cannot be discharged in bankruptcy.¹⁰

Getting Notified About Custody Changes

Your constitutional right to notice of release, escape, or transfer is delivered through the Victim Information and Notification Everyday (VINE) system, a free automated service operated by the Florida Department of Corrections and available around the clock.¹¹ Once you register, VINE will notify you by phone or email when an inmate is released, transferred, escapes, is placed in a work release facility, is moved to another jurisdiction, returns to custody, or dies in custody. For a final release notice, calls go out every 30 minutes for 24 hours straight until you confirm receipt by entering your PIN.

Notifications are not automatic. Register by calling 1-877-VINE-4-FL (1-877-846-3435), completing a request form online or by mail, or registering at vinelink.com.¹¹ Registering only through vinelink.com will not produce written notification, so registering directly with the Department of Corrections as well is worth the extra step.

Protection From Ongoing Threats

Five kinds of civil protective injunctions are available in Florida: domestic violence, dating violence, repeat violence, sexual violence, and stalking.¹² A domestic violence injunction can do more than order the abuser to stay away. If the court finds immediate and present danger, it can grant emergency relief the same day you file, before the other party is notified. That emergency order can give you exclusive use of the shared home, temporary custody of your children, and temporary control of pets. After a full hearing, the court can require the respondent to attend treatment or counseling, establish child support, and designate safe locations for custody exchanges.¹³ You do not need a lawyer, there is no filing fee, and you do not need to be married to the person you are seeking protection from.

If you relocate to escape an abuser, the Address Confidentiality Program administered by the Attorney General’s Office gives you a substitute mailing address so your actual location stays hidden. The Attorney General acts as your legal agent for receiving mail and service of process. Call 1-800-226-6667 to enroll.

Domestic violence victims can also apply for a one-time relocation payment of up to $1,500, with a lifetime maximum of $3,000. The crime must be reported to law enforcement, and a certified domestic violence center must confirm your need for assistance and verify a safety plan.¹⁴ Separate relocation provisions at the same dollar limits exist for victims of sexual battery and human trafficking.

The Information Card You Should Have Received

Every sheriff’s office, police department, and law enforcement agency in Florida must give victims a rights information card or brochure at the earliest possible time, ideally at the crime scene or during the investigation. That card must include information about crime victim compensation, crisis intervention, counseling referrals, and community-based victim treatment programs.¹⁵ If responding officers do not hand it to you, ask for it.

For immediate help, the Florida Domestic Violence Hotline is 1-800-500-1119. For general victim services questions, compensation claims, or referrals, the Attorney General’s Division of Victim Services is 1-800-226-6667.⁷

If the Case Is in Federal Court

Marsy’s Law governs state prosecutions. If your case is prosecuted in federal court, a separate set of protections applies under the federal Crime Victims’ Rights Act, which guarantees many of the same core rights along with the right to proceedings free from unreasonable delay and the right to be informed of any plea bargain or deferred prosecution agreement.¹⁶ If a federal crime also violates state law, you may have rights under both frameworks at once.

1
The Florida Bar. Florida Constitution Article I Section 16 – Rights of Accused and of Victims
2
Online Sunshine. Florida Code 960.03 – Definitions
3
Online Sunshine. Florida Code 960.13 – Awards
4
Florida Senate. Florida Code 960.0021 – Legislative Intent; Advisement to Victims
5
Online Sunshine. Florida Code 960.001 – Guidelines for Fair Treatment of Victims and Witnesses
6
Florida Office of the Attorney General. The Rights of Crime Victims in Florida
7
My Florida Legal. Crime Victims Services
8
My Florida Legal. Bureau of Victim Compensation Schedule of Benefits
9
My Florida Legal. Bureau of Victim Compensation
10
Justia Law. Florida Code 775.089 – Restitution
11
Florida Department of Corrections. VINE Services
12
Florida Courts. Civil Injunctions for Protection Against Domestic, Dating, Repeat, and Sexual Violence, and Stalking
13
Florida Senate. Florida Code 741.30 – Injunction for Protection Against Domestic Violence
14
Online Sunshine. Florida Code 960.198 – Relocation Assistance for Victims of Domestic Violence
15
My Florida Legal. AGO 2008-54 – Victims Rights Card, When Given to Victim
16
Office of the Law Revision Counsel. 18 U.S. Code 3771 – Crime Victims Rights