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Case 1:15-cv-07433-LAP Document 1328-20 Filed 01/05/24 Page 8 of 14
finding regarding Plaintiff’s credibility to the media, and thus cannot be heard to complaint that
the records — exposing her mischaracterization — should be kept from the public eye.
B. No State Statute Forbids Disclosure of the Documents
There is no merit to Plaintiff's seriously misleading—and groundless—argument that
various Florida and Colorado statutes forbid disclosure of the police reports. They do not.
Plaintiff cites sections Florida Statutes 39.202(6), 119.071, 794.026 and 985.04 & .036 and
Colorado Revised Statutes §§ 13-90-107(k) & 19-1-301, et seq., as support for her arguments.’
None of these statutes support her arguments.
Florida Laws
Section 39.202 does not apply to the Documents. That provision relates to records held
by the Florida Department of Children and Families. Each Florida document at issue here is
stamped prominently as “Certified Copy by the Palm Beach County Sheriff’s Office.”
Menninger Decl., Ex. A-F. None of the Documents were obtained from the Department of
Children and Families. Section 39.202 relates to records held by that Department related to child
abuse and neglect. None of the Florida documents relates to child abuse or neglect.
Section 119.071 exempts from Florida’s open-records laws any videotaped statement of a
minor who is allegedly the victim of sexual battery. First, there is no “videotaped statement” of
Plaintiff contained within the Documents. Fla. Stat. § 119.071(2)G)(2)(a). Second, the
prohibitions only apply to the identity of the alleged victim. See id. & subsection (2)(h)1.b (“the
identity of a person who is a victim of any sexual offense” exempt from Florida open-records
laws). Here, the defense obtained identity-redacted copies of the police reports and disclosed
them to Plaintiff. Indeed, the Sheriff's Office completed and provided a form with a list of state
requirements regarding redaction and, consistent with their practice, checked the box indicating
| Plaintiff also cited Fla. Stat. § 985.054. There is no such statute.
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