Category: FL-Specific Laws · Statute: Article I Section 16, FL Constitution · Source: Florida Legislature
Understanding Marsy's Law (Victim Rights) in Florida
In 2018, Florida voters approved Amendment 6, which constitutionalized a broad set of crime victim rights known as Marsy's Law under Article I, Section 16 of the Florida Constitution. This law fundamentally altered the landscape of the Florida criminal justice system by elevating victim rights to a level coequal with those of the accused. Under these provisions, victims of crimes—or their lawful representatives if the victim is deceased or incapacitated—are granted enforceable rights from the moment of the arrest through post-conviction proceedings. These rights include the right to be treated with dignity, the right to reasonable protection from the accused, and the right to prevent the disclosure of information that could be used to locate or harass them.
A key distinction of Marsy's Law in Florida is its active, rather than passive, nature. While some rights are automatic, such as the right to be free from intimidation, many critical rights—such as receiving advance notification of court proceedings, conferring with the prosecuting attorney regarding plea agreements, and presenting a victim impact statement—must be specifically requested or "asserted" by the victim or their representative. This law applies across all categories of criminal offenses, ensuring that the victim's voice is a formal component of the judicial record throughout the prosecution.
Impact on Bail and Pretrial Release
Marsy's Law directly impacts the Florida bail process by requiring that victims be given reasonable notice of, and the right to be heard at, any pretrial release hearings, including first appearance (bond hearings). Before a judge can set, modify, or lower a defendant's bail, the prosecution must make a reasonable effort to notify the victim. The court must consider the victim's safety concerns and input regarding potential bond conditions, such as supervised release or mandatory "no-contact" orders, before releasing the defendant from custody.