"Marsy's Law gives the alleged victim a voice in the case. It does not give them the prosecutor's job, and it does not take away a single one of your constitutional rights."
— Carolle El-Naffy
TL;DR – Marsy's Law is Article I, § 16(b)–(e) of the Florida Constitution, approved by voters in 2018 (Amendment 6) and in effect since January 8, 2019. It gives crime victims enforceable rights to notice, to be present and heard at release, plea, and sentencing hearings, to confer with the prosecutor, to have their safety considered in setting bond, to restitution, to protect information that could locate or harass them, and to a prompt conclusion of the case. For defendants, the biggest practical effects are at bond hearings and in plea negotiations. But the victim is not a party, cannot override the prosecutor, and — unlike some other states' versions — Florida's Marsy's Law does not give victims a right to refuse a defense deposition.
What Is Marsy's Law in Florida?
Marsy's Law is named for Marsalee Nicholas, a California college student murdered in 1983. Versions have since been adopted in many states. Florida's came through the 2018 Constitution Revision Commission and appeared on the ballot as Amendment 6, passing with roughly 61% of the vote (60% was required).
It amended Article I, § 16 of the Florida Constitution — the same section that lists the rights of the accused. Subsection (a) still guarantees defendants a speedy and public trial, compulsory process to obtain witnesses, and the right to confront adverse witnesses. The new subsections (b) through (e) add victims' rights alongside them, to be protected "in a manner no less vigorous than protections afforded to criminal defendants."
The rights are self-executing, meaning they apply without any implementing legislation, and they begin "at the time of … victimization" — not when charges are filed.
Who Counts as a "Victim"?
Under § 16(e), a victim is a person who suffers direct or threatened physical, psychological, or financial harm from a crime or attempted crime, or against whom the crime was committed. The term includes a lawful representative, the parent or guardian of a minor, and the next of kin of a homicide victim — and it expressly excludes the accused.
Notice the word "threatened." The definition is broad, and the rights attach from the moment of the alleged crime, before anyone has proven anything. In a case built on disputed accusations, the person the State calls "the victim" holds these rights throughout.
The Rights Marsy's Law Creates
The most important ones for a defendant to understand:
- Protection from the accused — the right, within the judicial process, to be "reasonably protected from the accused and any person acting on behalf of the accused" (§ 16(b)(3)).
- Safety considered at bond — including pretrial release conditions that protect the victim and family (§ 16(b)(4)).
- Nondisclosure — the right to prevent disclosure of information or records that could be used to locate or harass the victim or family, or that would reveal the victim's confidential or privileged information (§ 16(b)(5)).
- Notice and presence — upon request, notice of and the right to attend all public proceedings, even if the victim will be a witness, notwithstanding any rule to the contrary (§ 16(b)(6)a.).
- The right to be heard — at any public proceeding involving release, plea, sentencing, adjudication, or parole (§ 16(b)(6)b.).
- The right to confer with the prosecutor about pleas, pretrial diversion, release, restitution, and sentencing (§ 16(b)(6)c.).
- Restitution — "full and timely restitution in every case and from each convicted offender" for losses suffered directly and indirectly (§ 16(b)(9)).
- A prompt and final conclusion of the case (§ 16(b)(10)).
The victim, their attorney, a lawful representative, or the State Attorney at the victim's request can enforce these rights in any trial or appellate court.
How Does Marsy's Law Affect Bond Hearings?
This is where defendants feel it first. The court setting bond must consider the safety and welfare of the victim and the victim's family, and the victim has the right to be heard at any pretrial release proceeding. Florida's bail statute separately lists "the nature and probability of intimidation and danger to victims" as a factor (§ 903.046).
In practice, that means:
- No-contact conditions are routine, often covering the victim's home, workplace, and family members.
- A victim's statement at the hearing can push a judge toward a higher bond or stricter conditions.
- At first appearance, the victim's rights are satisfied by a reasonable attempt to notify them and convey their views — so their position may reach the judge before your lawyer has seen the police report.
Marsy's Law works alongside Florida's 2023 pretrial release law, which required the Florida Supreme Court to adopt a statewide uniform bond schedule and bars release before first appearance for certain arrests. To estimate bond and see the steps in each county, try our bond calculator.
Can the Victim Drop the Charges or Block a Plea Deal?
No. The victim has the right to confer with the prosecutor and to be heard by the court — not to make the decision. In Dean v. State (Fla. 4th DCA 2022), a homicide victim's mother used her Marsy's Law rights to address the court, but when she sought to override the State Attorney's decision, the court's answer was direct: "That she could not do." Florida courts have also described victims as having standing to assert their rights without becoming parties to the case.
So a victim who wants charges dropped cannot make that happen, and a victim who opposes a plea cannot veto it. But their view carries real weight with prosecutors and judges, which is why plea negotiations now often include the victim's position as a practical factor.
Does Marsy's Law Let Victims Refuse Depositions?
Not in Florida. Several other states' Marsy's Law amendments give victims a right to refuse defense interviews or depositions. Florida's text does not. Florida victims remain subject to ordinary discovery depositions and trial subpoenas, with limits that come from other sources:
- Child sexual offense victims. Under § 92.55(6) (effective July 1, 2023), the court must hold a hearing before the defense may depose a victim of a sexual offense who is under 16. For a victim under 12, the deposition is presumed inappropriate if a forensic interview is available to the defense and the State is not seeking death. The court can limit the questions, attendance, and length.
- Privileged records. Victims' medical and mental-health records remain protected by evidentiary privileges. In State v. Wilson (Fla. 2d DCA 2023), the court quashed an order requiring production of a victim's mental-health records — even for the judge's private review — under the psychotherapist-patient privilege.
- The "right to candor." Since 2023, when a defense attorney or investigator contacts a victim, the victim has a statutory right to be told the person's name and employer and that they are acting on behalf of the defendant (§ 960.001). Defense investigators should expect to give their name and employer and say they work for the defense.
Can a Victim's Name Be Kept Secret?
Not categorically. In City of Tallahassee v. Florida Police Benevolent Association (Fla. 2023), the Florida Supreme Court held that "Marsy's Law guarantees to no victim — police officer or otherwise — the categorical right to withhold his or her name from disclosure." Generally, a name alone is not information that "could be used to locate or harass." The Court noted that a broader reading would be hard to square with the accused's right to confront adverse witnesses. Addresses, phone numbers, and similar locating information can still be protected, and separate statutes keep some victims' identities confidential, such as victims of sexual offenses.
Marsy's Law and the Speed of Your Case
Section 16(b)(10) gives victims a right to a prompt and final conclusion:
- The State can demand a speedy trial. The State Attorney may file a good-faith demand; the court must hold a calendar call within 15 days and set trial 5 to 60 days after it, unless it makes specific findings. A defense that needs time for investigation or experts may have to make that record.
- Appeals and postconviction challenges must be completed within 2 years from the date of appeal in non-capital cases (5 years in capital cases), unless the court enters an order with specific findings explaining the delay.
What Marsy's Law Did Not Change
- The burden of proof. The State must still prove every element beyond a reasonable doubt.
- Your rights under § 16(a). Confrontation, compulsory process, counsel, and a speedy public trial remain in the same section of the Constitution.
- Prosecutorial discretion. The decision to file, drop, or reduce charges stays with the State Attorney.
- Restitution requires a conviction or an agreement. The constitutional right runs against a "convicted offender," but a plea with adjudication withheld, or a diversion agreement, can still require restitution.
Facing Charges With a Named Victim in Broward or Miami-Dade?
When a case has an alleged victim, the first hearings move fast and the victim's voice is heard early. Having a lawyer at first appearance and bond — someone who knows how to address safety concerns with workable conditions — can make the difference between going home and staying in custody. Carolle El-Naffy will walk you through what to expect.
Call (305) 456-7576 75 Valencia Ave, Suite 800, Coral Gables, FL Confidential consultations available
