SEVENTEENTH JUDICIAL CIRCUIT
v.
CABLE NEWS NETWORK
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The Seventeenth Judicial Circuit petitioned for a writ of mandamus to compel CNN to release a videotaped therapy session of the petitioner's child obtained during a child abuse investigation. The court granted the petition, finding that the statutory exemptions for active investigations and child abuse reports did not apply because the investigation was closed and the petitioner was the child's parent entitled to disclosure.
The court held that the requested video must be disclosed because: (1) the active criminal investigative information exemption does not apply since the investigation is closed; (2) the child abuse report exemption does not apply because Florida law authorizes disclosure of such records to parents, and the petitioner is the child's mother; and (3) any security-related exemption can be overcome by a showing of good cause.
[1] An exemption for active criminal investigative information does not apply when the investigation has been closed.
[2] Records of child abuse investigations may be disclosed to parents.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Because it is undisputed that the investigation is closed, this Court concludes the "active criminal investigative information" exemption does not apply.”
Establishes that closure of investigation defeats the exemption for active investigations.
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Join FLexlaw to unlock all legal intelligenceCNN possessed a videotaped therapy session of petitioner's child that was collected as part of a child abuse investigation. The investigation was undi…
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THIS MATTER is before the Court on Petitioner's January 31, 2023 Petition for Writ of Mandamus (Doc. 3) seeking the writ to compel Respondent to produce certain records in its custody, specifically a videotaped therapy session of Petitioner's child that was collected by Respondent as part of a child abuse investigation. The Court has reviewed the petition (Doc. 3), response (Doc. 11), reply (Doc. 15), appendices, and applicable law. Respondent cites two exemptions from disclosure. The first is that the record is part of an active investigation of child abuse, where section 119.071(2)(c), Florida Statutes, exempts “active criminal investigative information,” and section 39.202(1) exempts reports of child abuse from disclosure. Because it is undisputed that the investigation is closed, this Court concludes the “active criminal investigative information" exemption does not apply. State Attorney's Office of Seventeenth Judicial Circuit v. Cable News Network, Inc., 251 So. 3d 205, 211 (Fla. 4th DCA 2018) quoting Woolling v. Lamar, 764 So. 2d 765, 768 (Fla. 5th DCA 2000). Because section 39.202(2)(d) authorizes disclosure of child abuse records to parents, and Petitioner is the child's mother, it also does not exempt the record from disclosure in this case.
A second ground cited for Respondent's nondisclosure is that the record allegedly contains information relating to security systems or plans, and is, therefore, exempt from disclosure under sections 119.071(3) and 281.301, Florida Statutes. Respondent concedes that such information may be disclosed upon a showing of good cause. §§ 119.071(3)(a)3.d., and 281.301(2)(d), Fla. Stat. Accordingly, the Court finds that the requested record must be disclosed.
04/25/2023 11:19:04
ORDERED in Tampa, Hillsborough County, Florida, on the date imprinted with the Judge's signature.
23-CA-000871 4/25/2023 11:19:02 Page 2
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Citator
Authorities Cited
- Woolling v. Lawson Lamar, 764 So. 2d 765 (Fla. 5th DCA 2000)
- State Attorney's Off. OF the Seventeenth Jud. Cir. & Sch. Bd. of Broward Cnty. v. Cable News Network, Inc., 251 So. 3d 205 (Fla. 4th DCA 2018)