§2-E-6 | DISCOVERY OF EXEMPT OR CONFIDENTIAL RECORDS
For example, in B.B. v. Department of Children and Family Services, 731 So. 2d 30 (Fla. 4th DCA 1999), the court ruled that as a party to a dependency proceeding involving her daughters, a mother was entitled to discovery of the criminal investigative records relating to the death of her infant. The court found that the statutory exemption for active criminal investigative information did not “override the discovery authorized by the Rules of Juvenile Procedure.” Id. at 34. Compare Henderson v. Perez, 835 So. 2d 390, 392 (Fla. 2d DCA 2003) (trial court order compelling sheriff to produce exempt home addresses and photographs of 10 active law enforcement officers in a civil lawsuit filed by Perez predicated on his arrest, quashed because “Perez has not shown that the photographs and home addresses of the law enforcement officers are essential to the prosecution of his suit”). And see Delaurentos v. Peguero, 47 So. 3d 879 (Fla. 3d DCA 2010 (while the exemption for employee medical information in s. 119.071[4][b] did not preclude the discovery of a police officer’s pre-employment psychological evaluation, the estate’s request for the evaluation in a wrongful death case filed against the officer and county was, under the circumstances of the case, outside the scope of permissible discovery). (Florida Office of the Attorney General // © )
