Giuffre_Maxwell_Batch4_p00366.png

Case 1:15-cv-07433-LAP Document 1328-20 Filed 01/05/24 Page 9 of 14 redactions pursuant to “119.071(2)(h)(1) Identity of victim of sexual battery, lewd and lascivious offense upon a person less than 16 years old, child abuse, sexual offense.” Menninger Decl., Ex. C (GM00755) and Ex. B (GM00784). Accordingly, the Sheriff's Office did not violate section 119.071 by producing identity-redacted copies of police reports concerning Plaintiff. Florida Statutes Section 985.036 and 985.04(1)(a) pertain to juvenile-justice records, none of which are included within the Documents. In fact, a “child” is defined by that sub- section to apply only to “mean[] any person under the age of 18 or any person who is alleged to have committed a violation of law occurring prior to the time that person reached the age of 18 years.” The records pertaining to Plaintiffs commissions of crimes occurred after she was 18 years old. Florida Stat. 985.03. None of the Documents are juvenile-justice records; they are police reports. Finally, section 794.026 bears no relevance to the Florida Documents. That statute creates a cause of action by a sexual crime victim against any person who, “prior to open judicial proceedings,” communicates “the name, address, or other specific identifying information” concerning the victim. The statute is irrelevant here. One, the identifying information in the police reports in this case was redacted, and therefore was not communicated to anyone. No “name, address or other specific identifying information” is contained in the documents. Two, the case at bar is an “open judicial proceeding” involving Plaintiff as a person who falsely has claimed to be a sexual assault crime victim; a number of such open judicial proceedings have preceded this one and, accordingly, the statute is inapplicable. > Miami Herald Publ ’g Co. v. Chappell, 403 So. 2d 1342, 1344 (Fla. Ct. App. 1981). 7